1. Immediate file civil suit and seek injunction
Also file FIR for criminal trespass
2. Yes it will work
3. You can't get rid unless you sell
Burglary at property and land mafias trying to gain illegal possession
Hi, There trespass during the afternoon at my property 10 days back when 5-6 people broke into the property and threatened the guard who resides on the premises. They broke room lock, caused damage to belongings and stole the installed electricity meter. Later they forced the security guard out of the property and restrained entry. This was informed to the police control room. After a 8 days long efforts police finally logged FIR against 5 unknown people. 1. They have positioned 3-4 ladies inside the property probably with an intent to put some false charge in case we try to enter the property. 2. I have come to know that they have created fake GPA and got it registered dated 15 days back. (Mine is registered sale deed dated back in 2017). The guard reported they frequently visit with some random people(probably clients) and show them property with an intent to sell it asap. 3. There has been incidents of illegal possession around the area. This all is indicative of land-mafias trying to gain illegal possession, fool and sell it to someone. My concerns: 1. I have completely lost control as the situation is very tense. Guard is being threatened now and then. These trespassers have access to my property. The police is doing nothing. Just for formality they visited, got the intruders out and left, didn't even arrest anyone despite FIR already logged. Later they returned back and now police is saying we can't do anything, you got to guard your property. We can't be there all the time. 2. I don't live there. How do I guard when the situation is so tense and dangerous. The whole point of having guard was to protect but now even that is not working. 3. The other concern is the stolen electricity meter which has been reported in FIR. I reported to electricity department to cut-off the supply, but they have been ignorant. I suspect these people can misuse the connection. What are my options ? 1. What are the steps that I can take to escalate and stop these mafias gaining access to my property. 2. How can I stop them selling my property to someone which is likely. Will a stay order work. 3. I want to get rid of this property asap and close the electricity connection. As per electricity department, in order to close the connection I need to apply for new meter which will first be installed at the location and later on connection close request they will take back the meter and terminate the connection. I really don't want to that long way as its not secure there to get the meter installed once again. The same may happen and I will end up running after police to log FIR again. Also if I get a client any soon I would like to sell this property and in that case how will I get the connection terminated post that. I wan't get rid of the property and electricity connection. The situation complex specially because the property is in kaccha colony where things are not well manged. Anyone can get prop registered with mere a khasra num Please help !
Asked 4 years ago in Criminal Law
Religion: Hindu
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5 Answers
Hello,
As the fir has already been lodged and still the police is not doing anything, you should approach the high court. File a petition in the high court so that the court directs the police to act upon the fir and secure the premises and hand it over to you.
Was there sone kind of enmity between you and those people?
1) if police inspite of FIR being registered is not taking action complain to commissioner of police that although case of criminal trespass is registered no action is being taken
2) you can file writ petition in HC to direct police to investigate and submit report
3) file suit seek declaration that you are absolute owner of property and to direct encroaches to vacate your property
4) since you don’t have possession you would not get market rate for your property in case you sell it
1. If the local police are not cooperating or ineffective you may move either the judicial magistrate court or the high court seeking direction to the police to give you protection and also to your proeprty and to initiate proper action against the criminal trespassers.
Alternately you can file criminal trespass private complaint besides an injunction suit in civil court too.
It is pertinent that you are required to be near the property during all these legal process and follow it up regularly or else you may even lose your property.
2. You file a suit for mandatory injunction an an application for interim or temporary injunction and also for repossession if they have taken possession of your property.
3. You have been advised about the procedures to be followed, if you do not want to follow the procedures of law then you can do whatever you feel like.
1. Since, there already an FIR , then you can file an application before the magistrate to know the status of the case and can ask why no legal action has taken place against the culprits.
- Further, GPA is not a title deed, hence on this ground they cannot claim any right over the property , specially when you have a registered sale deed.
2. You can file a suit for Mandatory & Permanent Injunction before the court for restraining them to sell the property and to vacate from the property.
