I own 0.51 hectares of agricultural land, which is jointly held by two khatedars — my mother and another person named Suresh. We do not know who Suresh is, and it appears that even he is unaware of this ownership entry.
The land is located on the 100 Ft road, and about 15 years ago, a cooperative housing society developed a plotted area just behind my land. My plot lies in front of that society. Recently, I discovered that shops have been issued and allotted within my land area as part of that society’s development, which is clearly illegal.
A few days ago, I noticed that illegal construction of shops had begun on my agricultural land by two individuals — Anil and Rajesh — who claim to hold society pattas. On legal advice, I initially obtained a stay order against the other khatedar, Suresh, as at that time, I was unaware of who was actually carrying out the construction. I also filed a complaint (pariwad) with the local police, following which the work was temporarily stopped.
However, I have now learned that the persons responsible for the construction are Anil and Rajesh. Despite the stay order and police intervention, Anil, who is a local resident of my village, continues to attempt construction work, often during the night — such as dumping sand and materials on the site to prepare for further illegal work.
The police have now advised me to file an FIR through the court, as the stay order was obtained in Suresh’s name, not against the actual culprits. I do not want to involve Suresh at this stage, as I fear that doing so may prompt him to claim a share of the land, even though he has shown no prior interest or awareness.
I seek guidance on the following points:
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How should I file an FIR against Anil and Rajesh for illegal construction and encroachment on my land?
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Will the existing stay order (taken in Suresh’s name) be sufficient, or do I need to modify or file a fresh stay against the actual persons now identified?
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What legal steps can I take to ensure that the illegal construction is permanently stopped and that my ownership rights are fully protected?
Any advice on the appropriate legal course of action in this matter will be sincerely appreciated.
You are a co-owner (khatedar) of 0.51 hectares of agricultural land, jointly held with one Suresh. Recently, certain third parties — Anil and Rajesh — have begun unauthorized construction on this land, claiming rights through alleged “society pattas.” You had earlier obtained a stay order, but it was mistakenly directed against your co-khatedar Suresh, as you were unaware at that time of the real encroachers, Anil and Rajesh.
1. Civil Remedies
You should immediately approach the civil court where your case is pending and take the following steps:
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(a) Impleadment: File an application under Order I Rule 3 of the Civil Procedure Code (CPC) to add Anil and Rajesh as defendants in the existing civil suit. This ensures that the injunction order becomes directly binding upon them.
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(b) Enforcement of Stay: Move an application under Order 39 Rule 2A CPC (for contempt of injunction) to inform the court that Anil and Rajesh are violating the existing stay order by continuing construction. Request the court to direct the local police to enforce compliance.
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(c) Fresh Injunction: If the court advises, file a new suit for declaration and permanent injunction asserting your 50% ownership and seeking an order to restrain Anil and Rajesh from any construction or interference.
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(d) Patta Objection: If a cooperative society or any local body has issued pattas or allotments to these persons, submit a formal written objection to the Tehsildar or housing society. If they ignore it, move the court to cancel those pattas through a mandatory injunction.
2. Criminal Remedies
Since the local police have refused to register a complaint directly, you should file a criminal complaint before the Judicial Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC), requesting a direction to the police to register an FIR against Anil and Rajesh for the following offences:
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Criminal Trespass – Sections 441–447 IPC
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Mischief/Damage to Property – Section 427 IPC
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Disobedience of Court Order – Section 188 IPC
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Criminal Intimidation (if applicable) – Section 506 IPC
Attach these documents to strengthen your complaint:
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Land ownership and khatedari papers (7/12 extract)
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Copy of the civil court’s stay order
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Photographs or videos showing the illegal construction
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Proof of police inaction, if any
This process ensures that an FIR is registered specifically against Anil and Rajesh, avoiding any confusion involving your co-khatedar Suresh.
3. Administrative Remedies
In parallel, you should file written complaints with:
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The Tehsildar/Revenue Officer, reporting the encroachment, and
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The Municipal or Panchayat authorities, seeking demolition or stoppage of unauthorized construction.
Keep documentary and photographic evidence of all ongoing activity to strengthen both your civil and criminal cases.
4. Regarding Co-Khatedar Suresh
Since Suresh (the other khatedar) appears to be unaware of this land and is not involved in the illegal construction, you should avoid involving him at this stage. However, since he legally holds an undivided share, you may consider filing a partition and declaration suit later to clearly define your ownership rights and prevent future disputes.
5. Recommended Steps (Summary)
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File an application to implead Anil and Rajesh as defendants in the civil case.
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Move a contempt petition (Order 39 Rule 2A CPC) for violation of the stay.
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File a 156(3) CrPC complaint before the Magistrate for trespass and construction.
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Notify revenue and municipal authorities to stop unauthorized construction.
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Maintain strong photographic and documentary evidence.
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Avoid dragging Suresh into this proceeding unless absolutely necessary.
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Later, consider a partition suit to safeguard your specific share.