Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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illegal stall in front of shop

(Querist) 25 June 2017 This query is : Resolved 
Dear Experts,
I am a pagdi tenant since 1970 in city of pune,i have a written agreement with the landlord in which is described that i have a 3 shutter shop and in front of the 3 shutter shop i have open parking land.the landlord has illegally permitted a tea stall tapri in front of the right shutter of the shop,this was is year 2005,to harrass me.
i wrote a complaint to the pmc and after 3 yrs in 2008 they removed the stall,however within a week the stall was back,i went to the police,the police gave in writing thats its pmcs job and thay they have forwarded the complaint back to the pmc,i went to the pmc again and they said they removed the stall once and now you go and complain to the police,i showed them the letter from the police then still the stall wasnt removed after 2 yrs in 2010 they removed the stall again,but as usual it was back again within few days,this is when i heard about lok shahi din,i attended lok shahi din continuously in the year 2013 3 times every month for 3 months and i was given assurance the stall will be removed and it will be made sure it doesn't come back again,but its been now 4 yrs and no action has been taken,
i have all the proofs of the stall being illegal as the pmc themselves have given me a letter stating the stall is illegal and it will be removed.But action isn't taken,how can i get the stall removed permanently,can i as a tenant file a case against the tea stall,or should i file a case against pmc for not taking action
Sudhir Kumar, Advocate (Expert) 25 June 2017
file writ mandamus in high court making corporation police and the tea vendor as respondent.
Dr J C Vashista (Expert) 25 June 2017
File a suit for permanent and mandatory injunction before Civil Judge impleading all authorities and SHO through a local prudent lawyer.
Siddharth Dev (Expert) 26 June 2017
Agreed with experts that we should file a suit for permanent and mandatory injunction
Rajendra K Goyal (Expert) 27 June 2017
Agree with the expert Dr. J.C. Vashishta ji.

Dr J C Vashista (Expert) 27 June 2017
Thank you very much Goyal ji for agreeing with me.


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