Regarding shared private road
2 weeks ago
Dear Sir/Madam,
The road to our property ia a private road shared by two other houses. We bought the land from one of them who was the original owner prior to the second party. This owner whom we bought the land gave us the right to use the road for transport, water, electricity etc., in the document property deed. He said he did the same for the other party too when selling the land to them.
Now, when we tried to get water connection, the sexcond party is not allowing it. Even after we showed the document of ownership document with the right to the road for all the said purposes, the water authority denied to lay pipe. The panchayat member and president side with this objecting party, since they are friends. Since we are new to the place, they dont want to protect our rights. A central govt. scheme like jaljeevan is not implemented, to protect the interests of private parties.
Now what are the options for us?
In the given scenario, serving a legal notice to the concerned neighbor, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Apart from this, you can file a private complaint against your errant neighbor in the court of the Magistrate under Sec.200 Cr PC which outlines the procedure for a Magistrate to take cognizance of an offense. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offense must present a written complaint or information. A magistrate taking cognizance of an offense on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate to initiate the onward proceedings into the complaint. Reach out to an Advocate for guidance and steps
firstly block you account and your card, since the cybercrime is not responding please file a police complaint at the nearest station or magistrate for cheating and extortion and try to file a cyber complaint once again.
Thank you
You may file a suit for permanent injunction and avoid interference or use of your private road by others.
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