Total obstruction of way to our houses during our absence
It would be better if it is handled by a Practising Lawyer in AP High Court who has to file a writ future with reasonable fees.
Mr A (Son of our deceased elder Brother) constructed a compound wall in June 2015. We petitioned to the MRO. In Aug 15 the VRO has come to our village and obtained statements from 3 villagers. Due to scuffle I got injured and was hospitalized at Tirupati. The wife of A is Aggressor and quarrelsome. The mother of A said to be injured in scuffle and died in the Hospital on the next day. I, my wife, my sister in law and 3 village elders who came to VRO for giving statements about the way were also implicated in the case under sec 302
Due to this I was hospitlized and remanded to Judicial Custody. During these 5 months Mr A completely blocked the way to our houses. We complained to the police and Thasildar. Finally the Thasildar has given an order in March 16 to Police, stating the way to the petitioners house is blocked and take N/A. The CI and SI of Police helping them at the each step of A. Police are threatening us with cases if we remove the obstacles in the way (Barbed wire fence, and walls) on our own. The thasildar order dated 18-03-2016 not implemented. Our complaint for ransacking and theft of our house and killing our pet dog was not registered though the 3 police constables escorted us to our house on 06-04-2016, through fields from back-side and SI of police present at 50 mts away from our House and who also sent constables. no evidence preserved till date.
we submitted petition to SP on 11-04-2016. who instructed CI necessary action and ATR by 7 days.
No action on our 1 st complaint dated 15-02-2016 (misplaced by police and new one was obtained with old date and registered on 26-02-2016 after 43 days) except releasing the accused on Station Bail even though the crime continued and obstructions are not removed.
Our 2 nd complaint dated 07-04-2016 for ransacking, theft and killing pet dog not registered.
The local police not caring and not implementing the orders of Thasildar, and not taking action on
our complaints , Threatening us with cases police cases to strengthen there previous case and Local SI and CI heavily supporting.
I am social worker and always fought for people right. Many Advocate friends are there through whom I served the poor without taking a rupee from them. For my livelihood I worked as Insurance Agent. From Aug 15, for 2 months I was in Hospitalised and next 3 months Judicial Custody and the last 3 months in Bus Stands and Railway Stations for shelter. Help from close relatives continued till our release. Without money and without energy we came from custody. We thought that we will bounce back and fight for justice.
The inaction of Police and Revenue authorities led us to this stage. So kindly advise us if we file a writ in Hon'ble High court for relief for this:
1. We have petitioned to the SHO, The SP but no safe passage and stay in our houses to occupation of way by A with the active support of A ( If email is provided i will sent the letter sent to SP a week back which contains all details)
2. Non implementation Thasildar and Mandal Magistrate order on obstruction of way
3. In action of police when human rights are violated and due to this when there is danger for peace and order
4. Station Bail to the Accused, when the crime is continued.
3. Delay in 1st complaint for 40 days and non registering of our 2 nd complaint
4. whether the high court give relief to us in addition to probe in all the in action of police due the fail in the redressal system.
Asked 12 months ago in Civil Law from Tirupati, Andhra Pradesh
1) you should first complain to commissioner of police against inaction of local police
2) also complain to national human rights commission against local police
3) if no action taken file writ petition in HC to direct cops to take action on your complaints , to implement tehsildar order
1. Writ is not the remedy in your case. The remedy is to file a suit for eviction against the trespassers. You are wasting your time in going to cops who do not have the authority of law to intervene when the violation of right complained is civil in nature. So file the suit.
2. In so far as the criminal offences committed by the accused are concerned the remedy is to file a criminal complaint in the court.
You have given a list of the reliefs which are to be addressed to you.
Your grievances are understood but the money and muscle power plays havoc in your case.
The A seems to be influential both politically as well as economically hence he is able to thwart all your attempts.
Besides relying only upon legal actions through police, you may approach human rights commission against the atrocities by A and for the threatening calls made by police supporting A especially when you attempt to clear the obstacles for the approach to your house.
You may also file a writ petition against the casual and careless attitude of the police as well as the state government revenue officials.
dont wait for action fron the police, you should file a complaint under section 200 of crpc. court will take cognizance and issue summon u/s 204 or warrant u/s 204/87 of the crpc.
you can file mandamus writ before the hifh court and get direction. police is bound to register case and complete investigation with the time period fixed by the high court.