Advocate Shishir Dwivedi

Questions Answered by Advocate Shishir Dwivedi

Q: Property partition issue related

Hi,nI am having issue with my neighbour who is not allowing us to demolish my property for fresh constructionnnMy hole family is living in 50 years old home and conditions of this house is very badMy neighbour is having 5 sons and they always beat us when we trying to built the house nnIn my house I have a wedding on 12-Nov-22 and before that I have to build the housennNeed some kind of help so that I can resolve my issue nnIf issue will not get resolve I am sure will do suicideWe have file multiple complaint in police stationBut no soulation is providedBefore 4-5 month my neighbour son took 7-8 gundda/rowdy along with gun and that they beat to us, my father and my brother to That we file a police complaint, for that also no solution is provided

Advocate Shishir Dwivedi answered
You should file writ petition before Hon'ble High Court to get the direction to the concern authorities to look into your matter. For this writ petition has to be filed to avail your constitutional right.thanks.regardsShishir Dwivedi, AdvocateHigh Court, Allahabad.

Q: Remedies for workplace harassment

I am working as a helper in signal and telecom department in North Central Railway, India. Main BRS ke tahat apne father ki jagah aaya hu. Hmare section ke ADSTE sir ne kuch dino k liye mujhe apne office me kam krne liye lgaya. Waha pr mujhse computer pr ek babu ka kam b liya jata or helper ka b. babu na hone ki vajah se dhire-dhire saara kam mujh pr hi aagya. 6 month ke bad jb main puri tarah thak gya extra kam krke to maine saf mna kr diya. To mujh pr press dala jaane lga. Mujhe transfer krne ki dhamki di jaane lgi. Yaha tk ki Sr. DSTE tk ne mujhe saf kah ki agr kam krna hai to ADSTE k pass kam kro vrna tumhe hum rahne nhi dege. Transfer kra dege. Es tarah mujhe presan kiya jane lga hai ki meri leave rok di jati. Payment katne ki dhamki. absent lgane ki dhamki. Di jaati hai. Plzz help me!

Advocate Shishir Dwivedi answered
If you are violated by senior employees of your department you should file complain t against them before the superior authorities. If they are not looking into your matter you should get the order from High Court to restrain them to violating you like this. Thank you .

Q: Refund from builder for not completion of Project

I had invested in property in 2013. Project possession date was Sept 2017 was not completed on the date and stopped. Despite giving the refund of the project as asked by me, the builder is giving notice for not paying demand amount. Please help to get me the refund of my hard earned invested money.

Advocate Shishir Dwivedi answered
Hon'ble Apex court recently passed a detailed order related to your case that the builder are bound to repay all amount to the owner if the building has not been completed within time. You may file Clim against the builder to get all those amount.

Q: Property tax on rented houses under U.P rent control act 1972

After 1972, No enhancement of rent is allowed over Tenants of Uttar Pradesh under Rent Control & Eviction Act 1972. Whether the act is amended or revised for enhancement of rent. Property (House) tax for residential houses under Rent Control Act 1972 is enhanced on what basis which is very high (200%) and how to reduce them. Tax upto 1009 Rs.309/- At present house tax is Rs.5300/-

Advocate Shishir Dwivedi answered
To settle your grievance you should file writ petition before the High Court against the illegal and unauthorised house tax incurred by the authorities. For this firstly you have to approach the concerned authority by telling the all facts.

Q: Remedies if employer hits employee

Yadi employe per owner hath uthata hai to tb kya krna chahiye?

Advocate Shishir Dwivedi answered
Yadi kisi company ka owner kisi karmcharibpar haath uthata hai to wah section 323, 504, 506 IPC ka dosi mana jayega aur uspar in dharaon k antargat criminal case chalay ja sakta hi. So you have to file criminal Complaint before the nearest police station regarding the same.