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.