SB Roshan Taara Nawaz 07 August 2020

trespassing and locking private property

Hello sir, two weeks back a railway personal(IOW) locked our gate stating that the entrance is adjacent to railway boundary. there was no prior intimation and we the property owners were not in the spot. our property is constructed well within our boundaries and we have left a space of 1ft from approved railway boundary. we requested him many times to open the gate but he is not doing it and causing embarrassment to us. Other houses where railway property has been encroached is left free. our property is locked. there are no govt orders or prior intimation. I want to sue that person. under what section of IPC can I do that. pls guide. thanks in advance

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SHIRISH PAWAR, 7738990900 (Advocate) 07 August 2020

Hello,

As per you are the lawful owner of your property. So how you are claiming approach from railway property? However you have to file injunction application alongwith civil suit against railway. Police complaint is not possible.

SB Roshan Taara Nawaz 08 August 2020

sir we haven't claimed approach from railway boundary. the boundary is open and all are using it. We have a separate approach for our place. we are residing in this place for around a century and we never faced this issue. also we have taken enough care to make sure that if tomorrow railway constructs compound wall in the boundary that wouldn't affect us. since it is open we are using it sir . Railway hasn't issued any orders for locking the gate nor we have received any letter or prior intimation. it is the individual IOW who has misused his power and locked the gate without prior intimation and when the rightful owners were not on the spot. This had caused so much mental tension to us.