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atul kumar (what is this)     01 July 2017

Recovery of possession

A decree of probate has passed in favour of plaintiff in 2002 by Hon'ble district court. But with help of local M.P and M.L.A some land mafia and unsocial elements have occupied the land. Local police (even S.P) and administration has came in to the corruption. So many times I have given written complain to police station, SP and DSP (have every documentary evidence), but no action has been taken toward him, in spite of that they use abusing language. i have made a complaint in CMO & PMO also but at last they appoint the SPas an authority to wath this matter, and due to involvement of MP police captain just close his eyes, even order of CMO (order dated 27/02/2017 order sheet is in attachment) that take proper and legal step is in cool box, Can I go to highcourt for execution of probate decree or recovery of possession. One another thing, the district court appoint ADJ 6 as a guardian of probate decree and there is clearly written in judgment that the decree holder may consult the court when needed.


 6 Replies

Siddharth Srivastava (Advocate)     01 July 2017

You may file a complaint case in concern magistrate court against all the concern parties and seek direction to police to investigate the matter and to register the FIR. You can also file suit for possession. 

atul kumar (what is this)     02 July 2017

I had filed a complain case against those peoples but that particular case has been dismissed by magistarte due to undueinfluence of MP (as well as state BJP chief). And police ? Police has to be directed by CMO to record my fardbayan and take proper step is not executed , even when I went to SP office ( because CMO authorised SP to watch this whole matter ) SP Mr. Rakesh kumar use very rough language to me.. when direction of CMO is not to be obeyed than how could I aspect to the administration,, my only hope is highcourt patna,


Dear, You have to file a Criminal Writ seeking directions of the High Court narrating wholestory in brief and request that all non-compliances was due to MP's inflence and dis-regard of orders have been done by SP and other administrative officials.

I. L. Pareek Adv

P. Venu (Advocate)     02 July 2017

The facts, as stated, are confusing. Once there is a decree, steps need to be taken for its execution.

atul kumar (what is this)     02 July 2017

respected sir , @ishwar lal pareek, which type of writ should I file among five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

atul kumar (what is this)     02 July 2017

respected sir @P. Venu , senior council of mine told me that there is no any provision to execute the decree of probate, and I am really unaware about this specific fact that which type of decree can execute by Hon'ble Court

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