History: In 1981, 1 acre and 50 cents of land were purchased by various individuals, including Shiva Rama Raju, Parvathiswara Rao, Laxmi Rani, and Manju Veni. These parcels were self-acquired, not ancestral. In 1992, Shiva Rama Raju sold his land to B. Vijaya Lakshmi. In 2005, B. Vijaya Lakshmi filed a lawsuit against Parvathiswara Rao, Laxmi Rani, and Manju Veni, alleging an oral contract breach.f iled a suit in O.S.No.297/2005 before the VI Additional Senior Civil Judge, Visakhapatnam, for specific performance on an oral contract. The suit was dismissed as not prosecuted vide order dated [deleted], without any subsequent appeal or steps being taken. Present Situation (2024): - Defendant 1 (Parvathiswara Rao) has passed away. I am his son now - New plan again On March 19th, 2024 since old plan of oral agreement didnt work , B. Vijaya Lakshmi's associates damaged the compound wall. - A complaint was filed by me to police on March 19th. - Revenue officials visited on March 21st without notice. - try to construct wall in our compound -we dialled and 100 and stopped it - our complaint was given only acknowledgment the issue is "civil in nature" - A court notice for temporary injunction was received on 23rd March 2024, containing wrong address and unknown Defendant - we complained to commissioner of police on SHO for not registering FIR on our complaint. - April 5th 2024,ACP called both parties and told to have combined survey but not to fight -however the other party in the name of injection constructed wall with in our boundaries - April 19th 2024, we tried very hard to stop by calling 100 again , they made me to sit in station for 4 hours and constructed high cocurate wall immediately. -police simple said the other party have injection order and the issue is civil in nature and they are busy with election - they are false FIR registered on us by SHO threating us not go to site - we hold all proper original documents - The upcoming hearing for injection is on April 30th, 2024, requiring our preparation. B. Vijaya Lakshmi is very old lady who cant even walk but her son is principal district court judge influencing police, revenue and also get interim injection order from junior civil court. Considering the legal entanglement involving a Principal District Court Judge's family, particularly his elderly, incapacitated mother, what strategic approach should we adopt? What are the proper steps for lodging a complaint with the High Court Note : upcoming hearing on injection is April 30th and he constructed wall with name of interim injection, police cooperated and damage already done Your guidance is appreciated. Thank you.
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you can file appeal against impugned order before HC
2)Take the plea that wrong address was deliberately given you were not served with summons and injunction obtained by suppression of material facts
3) seek orders for demolition of compound wall constructed on your land
If any judicial officer is misusing his official power then complaint can always be lodged against him before the Registrar General of the High Court.
You can file a stay petition before the same court and also a petition to vacate the interim injunction against the old lady for misusing the law and constructing the wall and also for encroaching the property without any rights or interest hence to restrain her from proceeding ahead with her intended construction.
The police may not interfere in this civil dispute.
However you should have been more conscious when the dispute began so that you should have approached court with an injunction petition against them even before they approach the court.
If you have evidence for the indulgence of the district judge in this matter, you can give a complaint to the registrar of high court agaisnt the district judge to initiate proper action agaisnt him.
Dear Client,
Develop a strong defense strategy based on legal grounds, such as challenging the validity of the interim injunction, proving that the construction was unauthorized, and highlighting any procedural irregularities or bias in the legal process. If you believe that there has been judicial misconduct or bias due to the involvement of the principal district court judge's family, you may consider lodging a complaint with the High Court. Consult with your advocate to prepare a detailed complaint outlining the alleged misconduct and providing supporting evidence. Your advocate should explore options for seeking emergency relief, such as filing for a stay order or injunction to halt further construction pending the resolution of the dispute. Exercise caution in all interactions and communications, avoiding any actions that could be perceived as confrontational or aggressive. Focus on presenting a strong legal case based on facts and evidence.
You seem to be lacking proper legal advise and assistance to handle the situation and this too is not your fault as people generally take law very lightly and pretend to be expert. People rely on hearsay advises. High court is not trial court and high court donot entertain complaint cases as other trial court do. Since judge is involved so situation is required to be handled tactfully. You have badly handled the issue which resulted into worsening the situation. If police is not registering FIR then you can file complaint case also under section 156 (3) cr.p.c. and can also file WRIT in high court. For rest you may consult individually.
I understand this is a frustrating situation. Here's some guidance to approach the upcoming hearing and the larger legal battle:
Preparing for the April 30th Hearing:
Documents: Gather all relevant documents:
Survey: If not already done, consider getting a fresh land survey conducted by a court-appointed surveyor. This can establish the boundaries of your property.
Complaint to the High Court:
Grounds for Complaint: You can file a complaint with the High Court against the judge's son's actions and potential influence on lower courts and police.
Evidence: Include copies of all the documents mentioned earlier as evidence to support your claims.
Maintain Records: Document all future interactions with the other party, police, and revenue officials.
Highlight Injustice: While presenting your case, emphasize the power imbalance created by the judge's family's influence.
Focus on Facts: Base your arguments on facts and verifiable documents.
Consider Media Attention (Optional): In some cases, bringing media attention to situations involving. potential judicial bias can be helpful. However, this should be a last resort and done
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt
Complain to District Judge and Chief justice of AP.
Just write them formal letter also take support of media.
- You can approach the higher court against the said order.
- Further , if there an injunction order is passed then on non-compliance of the said order , you can a contempt petition before the same court.
