Trespassed and occupying

Querist : Anonymous (Querist) 23 February 2024 This query is : Resolved
My friend bought a house through auction from Indian Bank,Salem Tamilnadu which was recoverd under SARFAESI ACT 2002. The above said property was registered at local area Tharamangalam Sub registrars office and got sale certificate on 3/3/2021.
As the borrower cum earlier owner refused to give possession to bank , the bank with a court order at the presence of revenue officers , police inspector and other relavant officials took possession of the property and gave possession to me on 7/03/2022.
Following this EB CONNECTION,PATTA,property tax and all have been tranferred to my name. Additionally I have built building with panchayat approval on vacant land and I have been paying property tax for this buildings too.
But on this jan 2024 the earlier owner entered my house and stole my gadgets and many other things. i lodged a complaint with camara footage with police. No FIR REGISTERED. . Following this ON SOME OTHER DAY the guy damaged my bike and hence I called 100 and police came and saved me from him.
Now unexpectedly while I went to visit my mother and family,ON 24/01/2024 the guy broke open all my locks and entered. I have complained this also but the inspector is not registering FIR. In the name of enquiry I was called but other guy did not come.
on 30/12024 i have appealed in writing to DSP to register FIR . But no action so far.
now I am avoiding going to my propert as that guy may create criminal nuisances and police may ill-support.
please advise for further steps. thanks

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Quick Summary

A homeowner purchased a property through an auction under the SARFAESI Act, with possession officially handed over by the bank in March 2022. All utility connections and property taxes have been transferred to the new owner's name, and new construction has been completed with approval. However, the previous owner has repeatedly trespassed, stolen belongings, and caused damage. Despite multiple police complaints and appeals, FIRs have not been registered. The homeowner is seeking advice on further legal actions, including the possibility of approaching the High Court due to perceived delays and bias in the magistrate court.

T. Kalaiselvan, Advocate (Expert) 24 February 2024
You seek protection and direction to police to take proper legal action against the culprit by filing a petition under section 156(3) cr.p.c. before a jurisdictional judicial magistrate court.

Querist : Anonymous (Querist) 24 February 2024
can this be filed in High court since magistrate courts are a bit slow and biased ?

T. Kalaiselvan, Advocate (Expert) 25 February 2024
Unless the magistrate court is not disposing the application filed by you, you cannot approach high court directly

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