Add Mukesh and Yogesh parties in the case and file FIR through court. What's wrong in it ?

File suit fir declaration that you have 50 per cent share in land 

2) seek injunction restraining carrying  on construction by Mukesh and Yogesh 

3) contact a local lawyer 

You should file a criminal complaint (FIR) directly naming Mukesh and Yogesh, who are carrying out illegal construction on your agricultural land, by approaching the local Magistrate (court) under Section 156(3) of the CrPC, since the police have asked you to file through court. Prepare a detailed complaint with all property papers, khatedari records, photos of the illegal construction, the existing stay order, and proof that Mukesh and Yogesh are violating the injunction.

Explain that the earlier stay was sought against Rakesh as you were then unaware of the real encroachers, and clearly state that Rakesh is not involved so as to keep him out of the fresh proceedings. Request the court to direct the police to register an FIR for trespass, criminal mischief, and disobedience of court orders (Sections 447, 427, 188 IPC) against Mukesh and Yogesh.

Simultaneously, you should also submit a written complaint to the local Tehsildar/Revenue Authority and municipal authorities about the illegal construction and seek their intervention and demolition of unauthorized structures. Regularly collect photographic and documentary evidence of ongoing violations to support your case. This process will ensure that only the actual encroachers (Mukesh and Yogesh) are prosecuted and Rakesh does not get activated or involved.

To proceed, file a criminal complaint through the Magistrate’s court under Section 156(3) CrPC directly against Mukesh and Yogesh for illegal construction and trespass on your agricultural land. Attach all property documents, photographs, the previous stay order, and evidence that actual construction is being done by these individuals, not by the earlier khatedar. Make it clear that Rakesh is not involved or aware, to avoid activating his interest. Also, submit a complaint to the Tehsildar and municipality to stop unauthorized construction. Maintain evidence of ongoing violations and, for further legal drafting or regular support, you are welcome to contact us for professional legal assistance. This advice is confidential and customized for your situation.

Since you have already approached court of law, this becomes a civil matter hence police may not entertain any complaint in this regard against those third parties.

If at all the said Mukesh and other person are violating the court order then you can seek the court's  direction to police to have them arrested.

Whereas these people have not even been impleaded as necessary parties to the suit, hence you first implead thema as necessary parties and file an application for injunction to restrain them from interfering in yor property as well as to restrain them from further construction in the property till the disposal of the main suit.

Also you may have to raise an objection to the Society for issuing the patta to a third party and if they don't listen then they have to be impleaded as necessary party to the suit and file an application for mandatory injunction to direct them to cancel the patta issued to some third persons without any valid legal title on them.

You can file FIR if any primafacie criminal case is made out against them

- Since, the said stay order has been passed against Rakesh then you can file a complaint against him to the police 

- Further, if police not take any legal action then file a contempt petition before the same Court for taking legal action against him and direction to lodge an FIR 

- Further , as two other persons are trying to construct shops in your property , then you can lodge a complaint against them for the offence of trespassing and cheating. 

- Further, as there is no stay against them , then you will have to take stay against them as well. 

- Further, if the police not take any legal action , then file a complaint before the Judicial magistrate. 

1. You have filed suit against Rakesh who is khatetar with mother. He being khatedar have right of possession of land.
2. You can implead Mukesh and Yogesh as parties to the suit they are henchmen of Rakesh and working on his instructions.
3. Take photographs of construction done by them and file in Court.
4. You can also seek direction to local police from to restrain them.
5. File a petition under Order I Rule 3 of Civil Procedure Code, 1908 for adding Mukesh and Yogesh to the

Suggested next move for you:

•File 156(3) CrPC complaint before Judicial Magistrate for FIR against Mukesh & Yogesh.

•File a fresh civil injunction suit against them to restrain construction.

•Do not unnecessarily drag Rakesh unless you later decide to file for partition.

On the basis of the facts provided, my advice is as follows:

1. Nature of the Dispute

   • You are a recorded khatedar for 0.51 hectare agricultural land along with one other person, Rakesh.

   • Certain third parties (Mukesh and Yogesh) are attempting to encroach upon your land on the strength of alleged “society pattas” and have begun illegal construction of shops.

   • At present, you have obtained a civil stay order, but mistakenly against your co-khatedar Rakesh rather than against the actual encroachers.

2. Immediate Steps

   • Since construction is continuing despite the stay order, you must move an application before the same civil court under Order 39 Rule 2A CPC (contempt of injunction) to restrain the encroachers and seek police aid for enforcement of the stay. The court can direct the police to ensure compliance.

   • At the same time, you should file an application for impleadment/substitution to add Mukesh and Yogesh as defendants in the same suit, so that the injunction order is specifically binding upon them.

3. Criminal Remedy

   • Encroachment and illegal construction on your land amounts to offences under Sections 441–447 IPC (criminal trespass), 427 IPC (mischief/damaging property), and 506 IPC (criminal intimidation, if threats are involved).

   • Since the police have refused to register an FIR, you may proceed under Section 156(3) CrPC before the jurisdictional Magistrate, seeking a direction to the police to register and investigate the case against Mukesh and Yogesh.

   • This will ensure that the FIR is specifically against the encroachers and not against Rakesh, thereby avoiding unnecessary complications with your co-khatedar.

4. Regarding Rakesh (Co-Khatedar)

   • You need not involve Rakesh at this stage if he is not participating in the encroachment. However, as a co-khatedar, he does technically hold an undivided share in the land. If he later asserts rights, partition proceedings may arise.

   • To protect your interest, you may consider filing a suit for partition and declaration of title, so that your share is clearly demarcated and secured.

Conclusion
You should immediately (i) move the civil court to implead Mukesh and Yogesh and seek enforcement of the stay order against them, and (ii) file a 156(3) CrPC application before the Magistrate to compel the police to register an FIR for criminal trespass and encroachment. This dual civil-criminal approach will ensure that illegal construction is halted and your title is protected, without unnecessarily alerting or involving the other khatedar Rakesh at this stage.