How to get back my own land & give a punishment to the criminal.police not actioned
Surajit Paul
(Querist) 24 May 2015
This query is : Resolved
Respected sir,
My father has purchased a 4 kataha land with my uncle near EM Bypass on Year 1987.on 1988 partition deed was made as 2 katha each person. Front side was taken by my uncle and my father has taken the back side. With 4 ft side common road passage. The registration of sale deed and partition deed original copy was kept by my uncle. From 1988 onward my uncle was stay over there with making a small hut in his 2 katha land and my father's land was kept vacant. after 1990 when my father was asking my uncle to give the sales deed and partition deed and trying to make construction but uncle was ignored to give the documents and the land too. After that every time my father went to his land but return back with empty hand. Year 1996 once my father went to his land, uncle has beaten up my father by wood. After that every time my mother went to our land but nothing happened.
Within these years my father has collected all the registration deed certified copy from court and paid all the corporation taxes. Collected mutation certificate, NOC cert
We heard that my uncle has making an illegal construction in our plot. On 15-Mar-2015 my father mother and my younger brother went to our land with all the documents and asked them to stop the construction then unexpected incident was occurred. When my parents have asked for the land and shown all the documents and asked them to stop the construction suddenly my cousin brother told out from here els he will kill every one. After hearing this cruel ward my mother and younger brother went to Garfa P.S Kolkata and asked for a help.in the mean time my father was in my uncle house and my cousin brother and my uncle has attacked & beaten my father. They have blow kicks and fell down my father and they made it continue. My father has seriously injured. local household people has came and rescue my father after hearing screme.with the help of local people my father called up my mother at 12:20 pm and asked for help. Garfa PS send one officer to catch my cousin brother and they kept my cousin brother and came to P.S. With a help of local household my father also came to P.S and my cousin brother and uncle not been taken police custody. They are waking around outside road. After listening all the incident police not taken any FIR they just took a dairy. And sited over there till 5:30 Pm instead of sending him a local hospital for primary treatment. Police officer just talked with my uncle and his friend. And given a pressure to us for a mutual.
At 5:30 pm I have came to MR Bangur Hospital Kolkata with my father for injury treatment. Doctors have taken my father in Emergency and started his treatment and told injured internally. My 65 year father is a TB patient physically very weak he was just crying with a pain on whole body.
On 17th march 2015 my brother and mother went to Deputy Commissioner of Police south Suburban div and met with Mr Santosh Pandey (DC SOUTH SUB) and describe whole fact for a FIR agents my cousin and uncle. DC has informed his OC to take care the issue. After few hours Garfa Police Officer called up and told my mother that they will take a FIR.
On 18.03.2015 we have collected the FIR copy against my cousin brother and uncle. Police has given IPC 341/323/114 case against them. Both the criminal not taken in police custody and they are free now. P.S told they will submit a charge sheet to court and court will decide.
With all documents my father has taken 144 orders for his land on 25th March 2015 and illegal construction was stopped.
Now i want to know what should be my next step where my father cab bring back his land and to give maximum punishment to the criminal
Devajyoti Barman
(Expert) 25 May 2015
The police seems to be clearly hand in glove with the culprits and hence they are telling in terms of submitting charge sheet when they should have arrested them first.
Do not worry. If you want justice then you can file writ petition in high court which would give necessary relief.
The Calcutta high court is quite liberal in giving such reliefs.
Dr J C Vashista
(Expert) 26 May 2015
Too long a story and not a query. Consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
If the land is not in your possession, you may file a suit for injunction and possession, consult your advocate.
Surajit Paul
(Querist) 29 May 2015
Thanks.
Devajyoti Barman@ sir in such scenario should i move to calcutta high court directly or by lower court.
