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Arun Kumar (Sofware Consultant)     14 September 2014

Public abusing & slapping

Hi,

I am resident of Hyderabad and my family stays in a village. My mom was given a 88 sqyd. land by village sarpanch in year 2003. This is government gifted land distributed to all the villagers. There is no proper registration of this land except one "PATTA PAPER" or notary paper.

Last month my father and I went to the see our land but found that someone else has enclosed the land by putting wood fencing and planting grass. We left the place and next day morning I got a call from the person who enclosed our land claiming that he also has same papers "PATTA PAPER" of the land. He asked me to come and meet him in the evening at 8pm at his place in a very respectful and decent voice.

I went to meet him in the evening with one my friend and uncle but as I was speaking to him, suddenly his brother comes out of the house and slapps me in front of the entire public and both brothers start abusing.

The main backup for those two people is our village ex MP. I have given a police complaint but the SI has booked case under non-cognizable offence.

I want my land back and want to put up defamation case against both brothers. What should be my next step??

The SI is saying that we need to wait until court order comes!!!!

Please advise.



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     14 September 2014

I don't know why you went to meet him in his house why didn't you had made a police complaint for grabbing your land by him when you saw he had made a wooden house there in your land , generally the patta of the surplus land / govt. land issued to the weeker section people I.e. economically weak/sc/ex-serviceman etc when you had given this land you must do its fencing and take proper attention on it , police had registered it in a proper section i.e. 323 ipc non cognizable , file land grabbing case against him in the police station .

Arun Kumar (Sofware Consultant)     14 September 2014

I understand my mistake that I went to meet him but as I said I stay in a village, most of us know each other and he spoke to me in a very nice tone to come at his place and meet.

All our village disputes are sorted by our ex-MP and he called me up to meet with ex-MPP next day.

The person who slapped me(brother of person who called me at his place) is called to be very close of ex-MPP and this is his regular character to beat people and grab patta land.

My father is ex-serviceman as so do we got the patta land allotted.

H.M.Patnaik (Proprietor)     14 September 2014

Dear Arun,

As advised by the learned Expert first lodge an complaint against the enchroacher in land grabbing case .

 The  land allotted by Sarpanch on behalf of state Govt. is perhaps meant for landless weaker section of people  and the syatus of your  father being a ex-serviceman does not automatically entitle you for the allotment.

T. Kalaiselvan, Advocate (Advocate)     20 September 2014

The land allotted by the government will be on a patta paper only, you will not get a registered deed for it.  The allottee subsequent to allotment  has to take possession of the landed property, put up a structure within two years period (depends on local land laws) in the allotted land to prove possession and to get the records transferred to his name with the revenue and other departments.  You have failed to do so till this date from the date of allotment, resulting into encroachment by land mafias/rowdy elements etc. Now since your father has a valid patta on his name, better lodge a complaint immediately in the anti land grabbing special police cell if one is available in your jurisdiction or with the local police and also file a suit for eviction against the encroachers.

Arun Kumar (Sofware Consultant)     21 September 2014

Thanks Mr T.Kalaiselvan. I am a software engineer and pretty poor at filing suit or court procedures.

 

I would be more than thankful to you if you could let me know actions to be taken from my end in order to take this matter forward.

 

Below are the advises I have from many people around me and my friend circle. Please guide me which direction should I proceed:

1> Filing criminal & civil case in front of district magistrate. My question is which part of the issue will be filed under criminal & civil? Also, land is on my mom name. So the civil case has to filed by my mom and criminal by me as they manhandled or both should be filed by my mom.

2> File a civil case and wait for result. Then file criminal case with defamation case. My question is defamation case is based on result of civil case or result or criminal case?

3> Wait for the court reply which has been filed by police Sub Inspector. My question is if I file case in front of district magistrate, will there be any problem or miss understanding?

Please guide, I want to take this as opportunity to learn legal matters and perform most activities myself but would like to proceed in right direction.


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