• Village grampanchayat secretary is illegally trespassing the construction site

I have obtained construction permission from village secretary 3 months back and started construction. By taking advantage of work he gave notice to stop the construction immediately saying that you are encroaching on road. I never encroached the road and challenge that notice and filed petition in High court. Court made the following order not to stop construction go ahead as per permission obtained and also have made a liberty to secretary to verify whether I have encroached or not. Already one month have been pass but he is not coming and verifying the site but in my present every time every week he is sending Gram Panchayat sc community workers and illegally trespass in the site and with filthy language they are disturbing me construction workers not to construct they are blackmailing then that there will be serious consequences if you don't stop the construction today secretary visited the site scolding the labour and it ok some construction material saying that stop your construction and tell your owner to meet him. Is intention is to blackmail me and grab money from me by taking advantage of site nearly main road there is no problem you can anytime come and verify the encroachment. I am constructing as per the plan obtained. His intention is to make a complaint on him to is higher authorities at dpo or collector there he will get a chance to revoke given permission now he is illegally trespassing this site with his Gram Panchayat workers and making nuisance and scolding with filthy language to labour. He also to coverage some construction material to gram panchayat office and saying that comment take these in the evening by the times stop the construction and tell your owner to come and meet him. 
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Asked 24 days ago in Criminal Law
Religion: Hindu

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12 Answers

You can file a contempt of court case against the village officer for disobeying the high court order by unnecessarily interfering and stopping your construction works.

First you send a legal notice enclosing the order copy of High court and warn him of legal consequences if he continues to indulge in such illegal activities and copy this notice to the district collector and secretary to the state government, after that you can file a contempt of court petition against him.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You need to complaint against the secretary to the higher authorities else you have to approach court for seeking relief 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Basically objective of secretary is to extort money from you 

 

record his threats 

 

install cctv cameras on the construction site 

 

file police complaint against secretary for criminal intimidation 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

File a formal written complaint with the District Collector and District Panchayat Officer detailing the illegal trespass, harassment, and use of abusive language by the village secretary and workers. Include evidence such as dates, witness statements, and any communication. Request immediate action to stop the harassment and protect your lawful construction. Consider police complaint if trespass and intimidation continue.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Dear Client,
Since the High Court has already permitted you to continue construction as per the valid permission, the village secretary’s actions amount to contempt of court and criminal intimidation. Immediately file a written complaint to the District Panchayat Officer (DPO), Collector, and Superintendent of Police, enclosing a copy of the High Court order and describing the secretary’s repeated interference, trespass, and abusive behaviour. Request protection to continue lawful construction. Simultaneously, through your lawyer, you may file a contempt petition in the High Court for violation of its order and seek directions restraining the secretary and his staff from entering your premises without authority. Also, lodge a police complaint under Sections 441 (trespass) and 506 IPC (criminal intimidation) against the secretary and his workers. Keep all evidence—videos, witness statements, and copies of notices—to support your claim.
I hope this answer helps. For any more queries, do not hesitate to contact us.

 

 

 

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

You have a valid construction permission, you obtained a High Court order protecting your right to continue construction, and the Village Secretary is still abusing his position by trespassing, threatening workers, seizing materials, and trying to extort money. This behaviour is illegal and amounts to contempt of court as well as criminal offences.

Your next steps should be firm, documented, and strictly legal so that he cannot misuse his position further.

You should immediately file a contempt petition before the High Court because the Secretary is openly violating the court’s order by attempting to stop your construction, sending people to threaten your labourers, entering the site without authority, and trying to seize materials. All of this is direct and wilful disobedience of a judicial order. The High Court can summon him personally, warn him, fine him, or even suspend him. You should attach evidence such as photos, videos, audio recordings, and written statements from labourers showing the threats and trespass.

You should also file a written complaint to the District Panchayat Officer and the District Collector. Describe clearly that the Secretary is disobeying a High Court order, interfering with construction, threatening labourers, trespassing on private land, and demanding money. Request that immediate disciplinary action be taken and that another officer be deputed to conduct any required verification. Send the complaint by registered post so that the authorities cannot deny receiving it.

A written complaint to the local police is also necessary. Ask the police to prevent further trespass, intimidation, or seizure of your material. Mention that you have a High Court order protecting your construction and that any interference is illegal. Send a copy to the DSP as well. Once the police are informed in writing, the Secretary will become much more cautious.

You should install CCTV cameras immediately covering the entrance and construction site. This will give you solid proof in case the Secretary or panchayat workers come again. Also ask your labourers to record any incidents on their phones.

Do not meet the Secretary alone. If he insists on meeting, communicate only in writing or in the presence of witnesses. He seems to be trying to create pressure or extract money, so avoid private meetings.

Continue your construction normally. You have a High Court order that clearly allows you to proceed, and he cannot stop your work or interfere. If he or his workers come again, call the police immediately and show the court order.

If harassment continues, you may also file a private criminal complaint before the Magistrate for trespass, intimidation, extortion attempts, and using abusive language. Showing that his behaviour violates a High Court order will strengthen your case further.If you wish to contact us, you may do so on https://qrco.de/syslaw

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Don't worry at all. Does the High court order talk on injunction ? I mean not to interfere with construction or something like that? If yes then u can file contempt .. if not then u need to get the injuction order. Can advise u properly if u can share the orders received from the High Court. 

Also, since u had already filed in High Court, i would recommend u to get in touch with your Advocate and share ur challenge and get the solution from him/her instead of looking for help here unless your advocate is not helping you. 

 

Thanks

Adv. Raj

Hyderabad 

Raj Chetan B Mandewalker
Advocate, Hyderabad
9 Answers

Your situation is serious, and the conduct of the Village Secretary and the Panchayat workers is illegal, contemptuous of the High Court order, and amounts to criminal intimidation and extortion. Since you already have a High Court order allowing you to continue construction, you are in a very strong legal position. Here is the correct and effective strategy to protect yourself, stop the harassment, and hold the officials accountable.

1. The Secretary’s actions amount to Contempt of Court
The High Court has clearly ordered:
• You are allowed to continue construction as per the approved plan
• The Secretary may verify the site, but only in accordance with law
By sending workers to threaten you, trespass, stop work, and seize materials, the Secretary is directly violating the High Court’s order, which constitutes Civil Contempt under the Contempt of Courts Act, 1971.
You can immediately file a Contempt Petition before the High Court.

2. His repeated trespass and threats amount to criminal offences
The Secretary and his workers are committing the following offences:
Criminal trespass (Section 447 IPC)
Criminal intimidation and threats (Section 506 IPC)
Extortion attempt (Section 384 IPC)
Obstructing lawful construction work (Section 425 IPC)
Abuse and humiliation of workers (Section 504 IPC)
Misuse of official position (Prevention of Corruption Act, if he demands money)

You have full right to file a written complaint to the SHO and demand registration of an FIR.

3. Seizing your construction material is illegal and punishable
Offline seizure or removal of your construction material without a written order is:
Theft (Section 379 IPC)
Criminal misappropriation (Section 403 IPC)
Criminal breach of trust by a public servant (Section 409 IPC)
Public servants have no authority to seize materials without:
• Written notice
• Legal basis
• Due process
You can file a complaint and demand action against the Secretary and the workers involved.

4. The Secretary is misusing the “verification liberty” given by the High Court
The High Court gave only limited liberty:
• He may verify whether there is encroachment
• He must follow lawful procedure
He does not have liberty to:
• Stop construction
• Send workers to threaten your labourers
• Abuse your staff
• Trespass without notice
• Remove construction material
These acts are beyond jurisdiction and constitute abuse of authority.

5. Immediate steps you should take (highly recommended)
To protect your rights and avoid any future allegation or cancellation of permission:

(a) Install CCTV cameras at the site immediately
This is crucial to record trespass, threats, seizures, and abuse.

(b) Prepare a written complaint with evidence
Submit complaints to:
District Panchayat Officer (DPO)
Collector / District Magistrate
CEO, Zilla Parishad
SP / Commissioner of Police
Clearly state:
• High Court order copy
• Illegal trespass
• Threats to workers
• Seizure of materials
• Attempts at extortion
• Abuse and harassment

(c) File a petition for Contempt of Court in High Court
This is the most powerful tool. The High Court can:
• Summon the Secretary personally
• Initiate contempt proceedings
• Impose fines
• Even suspend or penalize him
Once he receives High Court notice, all harassment will stop immediately.

(d) Send a legal notice to the Secretary
Through an advocate, send a notice warning him against:
• Trespassing
• Threats
• Seizure of materials
• Violation of HC order
This builds a strong paper trail for future litigation.

6. Do NOT personally meet the Secretary
His intention is clearly to demand money. You should avoid private meetings because:
• He may trap you
• He may later allege something false
• He may demand bribes
Instead, keep everything documented and communicated only through written letters or through your lawyer.

7. You are legally and factually safe if you are constructing as per the approved plan
Since you already have construction permission and an order from the High Court, you are in the strongest possible position.
He cannot cancel your permission arbitrarily.
He cannot stop construction without legal grounds.
He cannot harass workers.
He cannot seize materials.
Any such act will backfire on him legally.

8. Additional protection – Request for Joint Inspection
File a written request to the Secretary (with copy to DPO and Collector):
• Asking for a joint inspection date and time
• Offering full cooperation
• Requesting that inspection be done in your presence only
If he still does not come, you have proof of his negligence and malafide intention.

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

File suit seek stay  against order passed by gram panchayat to stop construction 

 

2) take the plea that construction had been carried in as per sanctioned plans no encroachment dine as alleged 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You need to escalate legal procedures against Secretary 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

You issue a reply notice denying the allegations and immediately approach civil court with a suit for permanent injunction to restrain him indulging in such activities which are detrimental to your construction work and to instruct them to proceed as per due process of law. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You should immediately submit a written petition to the Gram Panchayat challenging the false allegations, stating that construction is as per the approved plan and there is no encroachment. Continue construction as per permission and copy your letter to the District Panchayat Officer and District Collector, requesting protection from harassment and illegal cancellation. If harassment continues, file a police complaint for intimidation and illegal threats, and consider legal action for misuse of authority under the Panchayat Raj Act.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

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