• PIL

Grass root level worker of a political party, encroached govt grazing land,.(2)Got elected as G.P. member and Connived with G.P. President and built a house on it, with govt funds and has been residing there for last 14 years. This illegal house does not have a house number (3) He, therefore fraudulently used my house address to (a) Obtain a Bogus Ration card (b) contest election (c) enroll himself and his son , as a new Entrants , in voter list 2020, as residents of my house., (3) Cachar, District Administration , i.e, DC/BDO Palonghat/Circle Officer Sonai, not even acknowledging complaints, sent to them ,through , Indian postal Speed post / e-mails. (4) Election Officer, Silchar , is not taking action on FORM 7 ,submitted , on line. for correction..(5) What are the legal options available to me as (a) citizen (b) Aggrieved house owner
Asked 5 years ago in Criminal Law
Religion: Hindu

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21 Answers

Complain to election commission for submitting false information.

Also file an FIR for making fake I'd on your address. If police do not register, file complaint through court.

And agaisnt encroachment, fake i'ds, submitting false information in election declaration, file writ in high court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. If he has fraudulently used your address to obtain the documents mentioned by you then it is imperative that you file a complaint against him to all the authorities who has issued those documents and also to jurisdictional police station and get the FIR filed against him for the offence of cheating and forgery under Sections 420, 467, 468 and 471 IPC.

2. Send a representation to the competent authority of govt stating that he has trespassed into govt land and the possession of it must be taken back from him. If no action is taken on your representation then PIL can also be filed,

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

File writ petition in HC to direct district administration to carry out investigations on your complaint within stipulated period and submit report to court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. since he used your house no. therefore, you are entitled to file a complaint/civil suit against him,

2. since he encroached the government land, therefore, you can make a formal complaint to the concerned department, who owns the land, and if no action has been taken, you can file a Writ Petition in the concerned High Court making the said person as well as the department, the party to the suit  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can file a police complaint about using your house no. as for making false documents, further a complaint about false information on election form can be filed with the state election commission and you can annex your earlier complaint with local authorities to it. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a written complaint to the S.P of your area against him under various sections of IPC, like 420 is mainly attracted here.

You should send a written complaint to the central Home Ministry also. Surely action will be taken.

Mention everything from starting till today in the complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file a PIL in high court . 

Aggrieved house owner can file eviction suit in civil court.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

- Being a citizen of India, you can take action against the persons who has encroaches the government land .

- Firstly you should apply for RTI , to know the details of the property , and its possession. 

- As per law, any person having knowledge of the commission of an offence can file a complaint, even though the concerned person is not personally interested or affected by the offence.

- Hence, after getting the RTI report  , you should lodge a complaint for the said acts , and thereby ask for a police verification report as well. 

- Further , on the basis of RTI and complaint , you should send the copy of the same to all the departments , whose facility they are availing illegally, and specially in the name of other persons. 

-  Further , as per law, Any Indian citizen/ individual or a group of people/a foreigner, facing an issue can file a Public Interest Litigation

- And the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest, and not for their personal gain. The Court accepts the litigation only when the plea comes from a large public interest.

- Hence , you can file a PIL on this matter:

Under Art 32 of the Indian Constitution, in the Supreme Court

Under Art 226 of the Indian Constitution, in the High Court

Under Section 133 of the Criminal Procedure Code, in the Court of Magistrate.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

'Dear Concerned, 

As this person is part of the system, you may not get desired relief from the local administration, however as you must have done all your homeowrk , like filing of criminal applications and approaching various offices concerned. You must approach the High Court in the nature of Writ and seek directions from the HC to concerend body election office, municipal department, land revenue for reply in reference to the complaints filed by yourself. 

 

Regards 

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

The best practice is File a writ petition in High court for getting a remedy in your problem. The court will direct the government to file report. Definitely a speedy disposal will expected  

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

File a public interest litigation in the high court. Ask for a mandamus to be issued to the state government to act in accordance with law and remove the encroachments.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. This is a classic case where you can attract the writ jurisdiction of the high court. 

2. The writ petition can be filed against the department which is not taking back the government land. 

3. The writ petition can be filed against the police department for failing to act on your complaint of criminal personation committed by him.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

OPTION - 1 :

1. File a Writ Petition in your state High Court, and seek directions to the GP, the Revenue Authorities, the Election Authorities, Anti Corruption Bureau and the Income Tax authorities, to investigate and launch prosecution.

OPTION - 2:

2. File detailed written complaint to the State & Central Vigilance dept.,  and seek directions to the GP, the Revenue Authorities, the Election Authorities, Anti Corruption Bureau and the Income Tax authorities, to investigate and launch prosecution.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can file a pil and expose the said illegal scam before HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should file PIL before High court of Assam against all the departments involved in this fraud or not taking actions on your complaints. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

You are suggested to file complaint with police department also informing his fraud and also to election commission of India. If not getting relief, file the suit of injunction in the district court for restraining that person from using that address. Also make the authorities as parties to the case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1.You should file a Writ Petition before the High Court against the inaction of those Govt Authorities making all of them as necessary parties praying for an order on all of them to act as per law based on your said complaint.

 

2. To start with, you should send your complaint to your local police station and make him also a party to your Writ Petition.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file a writ petition before high court venting out your grievances about this land grabbing and illegally occupying the government land by the so called politician.

You can attach the copies of the representation made to the concerned government offices  who have not taken any action despite many letters and communications on this.

The high court may be requested to direct the concerned authorities to initiate appropriate legal action and remove him from the illegally occupied government land.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Lodge complaint against the said person with the concerned police marking copy to concerned District Administration officer to investigate into the matter and take action against the same person under Sec.468 & 471 IPC.

If the concerned officials fail to take action against the said person, you can file writ petition seeking direction against the concerned police and District Administration Officials to investigate the title of the person and for forging done by the person, further, to demolish the construction carried on by him.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Hello,

You need to file a writ with the help of an experienced advocate before the high court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

File an application before municipality, deputy commissioner, concerned authority. If still no action file writ Petition in High Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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