Take out interim application in writ petition filed by you in HC to direct panchayat to remove board from your plot
Hi, Here is my situation - We own a land in a punchayat area. The ownership of the land has been disputed by the state government authority. We took the matter to high court in Feb 2019 and it is in-progress. The matter was not heard during COVID years 2020 and 2021. There has not been any order issued yet, however the punchayat development authority has put a board on the land claiming the ownership. What necessary steps/action to be taken against the punchayat authority to pull down the board, falsely claiming ownership? Thanks
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Take out interim application in writ petition filed by you in HC to direct panchayat to remove board from your plot
Why you have directly approached the High Court! Why haven't you exhausted the remedy available in the civil court?
Aside need to go through the documents which you have filled before the High Court and any other documents related to this for forming an opinion. However you cannot go now to any court on the same cause of action and prayers as the matter is sub-judiced before the High Court.
Please obtain an interim order from the high court directing the gram panchayat/government to remove the notice board forthwith and also restraining them from putting up such notice boards in future and/or entering or taking possession of the property till the final disposal of the suit by the high court.
You may first issue a legal notice to the panchayat authorities to remove the said notification placard or board that has been erected in the proeprty which is under litigation and to warn them about the legal consequence if they do not remove the same immediately giving them a very short period of time to remove them. Subsequently, you may approach high court in the same by filing an application seeking injunction against the local civic authorities to not to indulge in such activities which are detrimental to your interests and title to the proeprty at least till the disposal of the pending suit before high court.
Dear Client,
when the property is in dispute no party can claim its ownership till the final court order is given so you can file an application in the court for the removal of the board.
Thank You.
- Since, the said matter is already pending before the High court , then the said acts of authority is against the law in the absence any direction of the court.
- You can move an application for Injunction before the same court for restraining the said authority from interfering and removing the board from the land.