Uncle and his children cultivated on my land forcefully what to do now

886 votes

Yes u have to give a complaint to SDM and DM and police for the same and they have definitely order about this matter and if sdm or dm ie revenue official s has given order to police with Lekhpal vacations of land and Lekhpal given report regarding unauthorized possession then police has right to register complaint under section 419 420 406

Advocate Reva Nandan Dwivedi LawRato

904 votes

You can at once contact the nearest police station and inform them in writing since such an act is cognizable and a FIR can be lodged. Offences made out against your uncle and his children can be under the following Sections of the Indian Penal Code: 1. Section 425: Mischief - Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. 2. Section 441: criminal trespass - Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there. Punishment for the same is provided under Section 447, which includes imprisonment for upto 3 months; fine upto Rs. 500 or both. 3. Section 504: Intentional insult with intent to provoke breach of the peace - Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 4. Section 506: Punishment for criminal intimidation - Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both. Another remedy available to you in addition to the above stated criminal law remdies is the remedy of obtaining an Injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code where on a plaint moved by you before the Civil Court an order restraining the trespassers from causing any further damage may be passed. A further claim of damages may be made for compensating all the losses you have incurred due to the trespass.

Advocate Pragya Pandey LawRato