• Action to be initiated against intruders entering my property

I am Debashish Paul, Falakata, Alipurduar, West Bengal. The case dates back to a land donated by my grand father 25 years ago to one of his distant relatives. We have been staying in the land for the last 30 years and paying the respective taxes on time of which receipt are also available with us. I have been running a Nursery School covering this land also since last 12 years and the school is my bread and butter. Now. all on a sudden, almost 2 years ago wife of the person with whom the land had been donated turned up and claimed for the possession of this said land. It may kindly be noted that the person with whom the land was donated is no more. I along with my father had then strongly objected to the effect and filed a case in the Civil Court and stay order on the same was awarded. But, we had go through severe metal trauma during this mainly due to the involvement of a local influential club backed by the local panchayet pradhan from the ruling Trinamul Congress Party. They had threatened us with dire consequences; but we did not back out and remained firm and steady owing to which they had to move back. 

All was well until yesterday when a strong crowd consisting of 70-80 people mainly from the club lead by the wife of the late person in question had forcefully entered our property and started installing boundary marker posts to which I strongly objected. During the conversation they started abusing me and manhandled me and in this process I got wounded also. They were very fierce and unstoppable and they had manhandled my parents also. We were totally clueless of the sudden attack and could hardly do anything. Later on, I came to know that the local PS is also involved. However, my FIR has been lodged since the Duty Officer was unaware of the involvement of his accomplishes in the case. Please note that receipt copy of the FIR is with me.  
Please be informed that my father's elder brother who has been staying within the same premises only is also very much involved with the woman and they are the one who has been constantly giving feed back of our movement about the case.

In view of the above, shall be grateful if I could receive a suggestion from this forum as to how to go about this case to bring the situation within our control  and what should be the next step to be initiated from our end. Needless to mention that the case has been critically politicized.
Asked 2 years ago in Property Law from Falakata, West Bengal
Religion: Hindu
1.Approach the Sub divisional magistrate court of the area  with a certified copy of FIR lodged in this connection and obtain prohibitory orders under sec. 144 of CrPC which is valid for 60 days ,so that peace and law & order is maintained on the piece of property. 
2.Meanwhile,please consult a civil lawyer of the area to obtain necessary redressal from Civil Court. 
Sushil Jha
Advocate, Patna
260 Answers
2 Consultations

5.0 on 5.0

1)install CCTV cameras in your property 

2) if stay order had been passed and in contravention of stay order lady sought to encroach on the property take contempt of c ourt proceedings against her 

3)enclose copy of FIR which mentions the involvement of lady with others in trying to encroach on the property
Ajay Sethi
Advocate, Mumbai
46737 Answers
2767 Consultations

5.0 on 5.0

If the stay order is still operative then file contempt of court proceedings against those who have trespassed into the property despite the stay and seek their summary eviction. Furthermore, a criminal complaint for house trespass and criminal intimidation should also be filed against them. If you have reasons to believe that police is also acting in cahoots with them then directly move the criminal court through a private criminal complaint. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

This is unprovoked, high handed, illegal criminal act unleashed by the arrogant woman who has scant respect for law or for human values. 

If the police is not going beyond FIR to arrest the culprit, you may approach the district superintendent of police with another complaint about the ineffectiveness of the local police. and his intervention.
If the higher police officer is not cooperating then you may approach the jurisdictional judicial magistrate court with a petition under section 156(3) cr.p.c. seeking its direction to police to investigate and register FIR on the complaint before the police.

You may even give a complaint to the state human rights commission against those culprits for violating the human rights 
T Kalaiselvan
Advocate, Vellore
36894 Answers
403 Consultations

5.0 on 5.0

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