Advocate Swapan Kumar Dutt

Questions Answered by Advocate Swapan Kumar Dutt

Q: What should I do if police not obeying the Civil Court's order

Dear Sir , I had filed a civil suit before the Civil Judge ( Jr.Division ) court in 2017 & I had obtained an interim injunction order from the said court & the said court directed the defendants not to make any illegal construction in my land/premises & not to enter in my land even the said Court ordered the Officer in Charge of the local P.S to give me the necessary assistance in this regard if I want but the said defendants are making a construction illegally on my land & they are entering in my land by violating the said order even I have lodged many complaints to the local P.S in writing & seeking help on the basis of such order but I'm not getting any police help . I have already informed this matter to the Civil Judge but he is not taking any strict action against the police or the defendants ,in this situation what should I do? The said Civil Judge has become inactive as a result, I'm suffering till now. I have an injunction order but I'm helpless . What will I do? Pls reply me.

Advocate Swapan Kumar Dutt answered
File a writ against the police authorities in the High Court and file a contempt against the defendants. Please call us for more details regarding your matter. We will be able to help you out in this situation.

Q: How to divide the property as per share

I am the only son of my father who was died when i am of 6month old, And my father have one more younger brother(my Uncle) he has the children. After the death of my father my mother came to her father's home because of unsafe environment which was in her in laws house, Now I am 21 years and i want the share of property belongs to my grand father but he is refusing to give it to me for the my mother files a case in respect of property agains my grand father and uncle but after even after 5-6 year no judgement did by the district court Puruliya, West Bengal, after some time I realize that the lawyer that we had hired was only taking fees time to time and ignoring us to give any answer in respect of the case, I think he was taking bribe from the opposition party and he had given all the original evidence that we had submitted to him for his investigation to the opposition party and told us that the documents are lost. And now I want to file another case.

Advocate Swapan Kumar Dutt answered
Sir, there is no need to file another case. Just ascertain the position of your old case (partition suit) and fight the case through some other lawyer. Problem will be solved. Please call for more details.

Q: Can I file a case against unauthorised construction

 A promoter has been constructing a "Multi-Storied" G+4 Building illegally beside my house and I had lodged many written complaints to the Municipality as well as the local police station , subsequently the said Municipality issued a "Stop Work Notice" against the said construction in 2016& the said municipality has found that the said construction is illegal & G+4 floor is also illegal which is without sanction . I have obtained this Stop Work Notice copy from the municipality but the said promoter is still continuing the construction but the said municipality is now telling me they can not stop this work thereafter , I have filed three additional written complaints to the District Magistrate , Sub-Divisional Officer as well as the Commissioner Of Police in this regard but till date , no action had been taken . I am the very closest resident to this building . Being a common person can I file any case or suit against the said promoter?

Advocate Swapan Kumar Dutt answered
Sir you can file a suit against the promoter and get an injunction from the court so that the promoter cannot carry on with the construction. Please call for more details if you have further questions.

Q: What can i do if house care taker is not ready to vacate house

I work in a different city with my family and my birth place is in a rural village but within same state West Bengal. About 8 years ago when I had been transferred from my native place to kolkata, I selected a family to take care of my house and the land. Since 8yrs I don't take any rent from them and an agreement was written in a A4 size paper to take care of my house without rent. Now I just retired from the job and want to live my native place, so for that I want to renovate my house in village. But the caretaker is not ready to vacant my place. With the help of village adult club member they are opposing to vacant the place and filed a case of harassment against me in nearby police station. They are now calling the place as their place. I didn't give any time any papers of land on which they can demand the place as their own. Now what can I do get back my native place? And can I get the place back? What is the procedure to get the land back? I am looking forward to hear from you.

Advocate Swapan Kumar Dutt answered
Sir, you have to file a case of trespass against the caretaker and his family and get them evicted from your house. The case of trespass won’t take long and that is the only way you can have them vacate your place. Please call for more details.

Q: Is it necessary to prove remarriage of husband

I have been living separately with my husband as he asked me to leave my matrimonial house in 2011. Later i came to know that he had remarried in 2015/16 without divorce from me and they are having a girlchild out of wedlock I had filed a case and he had submitted his reply denying remarriage and reqested to quash the allegations and subsequently the case. In the above mentioned condition i have been asked by my advocate to bring evidence for my husband's remarriage. Is it necessary for me to bring the evidence.

Advocate Swapan Kumar Dutt answered
Yes madam, it is absolutely necessary to produce your evidence that your husband has remarried. The onus of proof is upon you to prove that your husband has remarried. Please feel free to call us for further details.