No it can't if the said order is directly or indirectly prohibiting to do so. It will affect your job
Can Gram Panchayat grant a building permission even after getting injunction order from Civil Court?
1.On Dt 25.03.2019,I had given a written letter with acknowledgement due(ACK)to village Secretary of GramPanchayat (GP) requesting not to accord any construction permission to any person in the metioned sy no and plot as the matter is pending in the civil court (Partition suit) from the year 2017 seeking partition and separate possession 2.On Dt09.04.2019,I had given a written letter with(ACK) illegal constuction being made in the said sy no and plot without obtaining any permission from GP. I also requested to consider the letter sent on 25.03.2019 and if you fail to take any action to stop illegal construction it is deemed that you have been illegally helping in making construction without obtaining any valid permission and I would have no option but to approach court for taking action (Sent Pics of construction) 3.On Dt09.04.2019,I also Filed RTI to GP Secretary asking to provide information i) as to any permission is accorded to X person even after my complaint dated 25.03.2019 with a request not to accord any permission for construction any building in the mentioned sy no and plot as the suit is pending in the court ii) if no such permission is accorded,any action is initiated against said X for making construction without obtaining any permission 4.On Dt07.05.2019,I got a RTI reply from the GP Secretary stating that i) As verified with GP records no any permission accorded for construction of building in favour of X ii) Plan for the construction is submitted by the X but so far no any permission was been accorded. Spart inspection may be made in case there is any work is going on notice will be issued against such persons as per the existing rules of the GP act.Mean while X already raised basement structure.I took the photos and went to court seeking to restrain X from raising any construction over the petition schedule land till the disposal of the suit. 5.On Dt18.04.2019,Court Granted interim injunction order on X and his behalf hereby restrained from raising any further construction till further orders. 6.On Dt24.04.2019,I had sent this injunction order with ACK due to Secretary and Sarpanch and District Panchayat Officer along with the letter to take action on illegal raised structures raised by X 7.On Dt.14.06.2019 Injuction orders extended till ordrs.A copy of this orders was given to Secretary and taken acknowledgement with seal and sign on dt 22.07.2019. 8.On Dt.8.06.2019 I had made a Police Complaint with ACK on X with that he is continuing his constuction by neglecting injuction order (however they did not responded) BUT now X completed his construction and to my surprise I came to know that Secretary and Sarpanch gave X building permission(some how i managed to get a xerox copy) on Dt.12.07.2019 On Dt. 07.07.2019 Secretary,Sarpanch and ward members passed a resolution unanimously to grant permission to X. Now How can I take action on Secretary,Sarpanch even after court order and is there any way for demolition?
Asked 5 years ago in Civil Law
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6 Answers
1) take out contempt of court proceedings against defendant for carrying on construction inspite of injunction order
2) also file writ petition in HC against panchayat office bearers to direct demolition of illegal construction carried on contrary to court orders
- You must petition the hon'ble H. C. of your state for writ of mandamus against the gram panchayat, directing the body to exercise it's powers and do it's duty of getting the illegal construction demolished.
- In the civil court which had granted the injunction, you must make an application for criminal contempt of court against X.
- I extend my expert legal service to you. But to assist you, I need an exhaustive consultation session with you; for that you ought to visit me.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
You had been following only with the gram panchayat and police about this.
Instead, since yo already obtained an order of injunction, you should have file a contempt of court petition against X and taken the assistance of police through court to stop X from continuing the construction and also direction to GP to put a seal to the site under construction in view of the court injunction order.
Whereas you seem not to have taken any action after that nor the action you were supposed o take at that time, and simply slept over the subject matter for a period over two years and now seeking solution for all those which have been completed.
You now have only option to conduct the suit filed by you tooth and nail and succeed in the case if you are really serious about the legal case as well as the remedy you are looking for.
File Contempt of Court proceedings against X and join the Secretary and Sarpanch as party to your suit. Also approach district Collectorate office challenging this action of Sarpanch/Secretary granting construction permission despite of Stay order from the Court.
Dear Sir,
You can file contempt case against the Gram Panchayat
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ORDER 39, RULE 2A CPC
