village land encroachment
anupam sharma
(Querist) 03 June 2010
This query is : Resolved
In a case filed against sarpanch and panchs for encroachment on the village( rasta) land done by them, an affidavit has been filed by these offenders denying any encroachment. Can the advocate in this case representing complainant file a compliant to SHO/ SSP of that area or get an FIR registered ? any other remedy that the advocate can resort to?
Raj Kumar Makkad
(Expert) 03 June 2010
Why do you want this responsibility shifted over advocate rather on complainants. Advocates are not meant for owning personal responsibilities of the litigants rather they are expected to take actions within their professional ethics and demand as per law.
If you are an advocate representing the complainants then you can suggest your clients to get the demarcation from Tehsildar/Talathi and ensure the encroachment and then can file criminal complaint against those accused persons and even can file eviction petition before Tehsildar.
Daksh
(Expert) 04 June 2010
Dear Anupam Sharma,
The matter pertains to the factual truth and filing of wrong affidavit. Yes on your instructions an Advocate can file a complaint on your behalf to SHO/SSP and get the FIR registered.
Other remedy could be getting the demarcation done by Court commissioner or any other authorized person in this regard.
Mr.Raj Kumar Makkad,
You can put forth your view point in a more rational and less offensive manner - more so when you are not authorised to speak by and on behalf of all the Advocates it is prerogative of any particular individual to ask Advocate to provide his/her service I do not know for what basis you are terming it against the professional ethics (especially when nothing stops an Advocate from putting on record that he has done his professional job on his/her client's instructions).
Best Regards
Daksh
niranjan
(Expert) 04 June 2010
In my opinion you have to prove that the affidavits filed are false thereafter you can ask the authority to file criminal complaint for filing wrong affidavit.Let the authority before whom the complaint is filed be complainant.
