DIRECT COMPLAINT U/S 3,4,5 OF ILLEGAL DISSPOSSESSION ACT 2005



IN THE COURT OF SESSIONS JUDGE KASHMORE AT KANDHKOT.
Direct Complaint: No. _________OF 2018

Haq Nawaz S/O Ghulam Murtaza By caste Bijarani, 

adult, Muslim, r/o Bhittai Town, taluka 

Qasimabad District Hyderabad- - - - - - - - - - - - Complainant

V E R S U S

1. Shah Nawaz S/O Ghulam Murtaza,

2. Shah Ali S/O Ghulam Murtaza, both by caste Bijarani,

Adults, Muslims r/o Bhittai Town, taluka Qasimabad District Hyderabad

3. 6 uidentified accused persons

4. SHO PS Nasim Nagar

5. Mukhtiarkar Revenue Qasimabad District Hyderabad --------------  (Respondents)

                                        U/S 3,4,5 of illegal dispossession act,2005
                                        Police Station Nasim Nagar.

DIRECT COMPLAINT U/S 3,4,5 OF ILLEGAL DISSPOSSESSION ACT 2005

The above named complainant begs to submit as under:

1. That the petitioner/complainant resides at captioned address along with his Mother Mst Sikiladh @ Manzoor Begum, brothers everyone Gul Nawaz, Meer Nawaz and other family members within territorial jurisdiction of this Honorable Court.

2. That the complainant owns an agricultural land situated in Deh x y z Taluka Qasimabad bearing Block No. 26 Lott No: 3, 8 and 26 total admeasuring 32 acres such Khata also stands in form VII B of Revenue record of rights in the name of Mother of the complainant at entry No: 104 dated 23-04-1994.

3. That as Mother of the complainant is an infirm and old Lady, therefore complainant along with his brothers Gul Nawaz and Meer Nawaz used to look after and cultivate the same property.

4. That respondents No. 1 and 2 who are step brothers of the Complainant and are highly influential persons and they have put their evil eyes upon the property of Complainant party.

5. That respondents No: 1 and 2 since last 6 months were demanding 3-20 acres from complainant but Complainant refused bluntly on which respondents No: 1 and 2 were annoyed with complainant party and also threatened the Complainant party.

6. That at the land of Complainant admeasuring 32 acres crop of wheat is available which was cultivated by the complainant party.

7. That on 08-04-2018 at 5: pm when Complainant along with his brothers everyone Gul Nawaz and Meer Nawaz were available at their land mentioned above all of sudden respondents No: 1 and 2 along with 6 un identified accused persons duly armed with lethal weapons arrived there illegally and unlawfully dispossessed Complainant party from their land situated in Deh x y z Taluka Qasimabad out of Block No. 26 Lott No: 3, 8 and 26 total admeasuring 32 acres and drove them out from the land and directed them not to come again else would face its consequences.

8. That respondents No: 1 and 2 also took over the charge of wheat crop.

9. That accused/respondents also directed the complainant not to approach the Police else would face its consequences.

10. That the respondents/accused have forcibly dispossessed the complainant/petitioner from his land admeasuring 32 acres out of Block No. 26 Lott No: 3, 8 and 26 illegally, unlawfully and without due course of Law. Therefore the possession of accused persons/respondents is illegal.

11. That time and again complainant/petitioner went to nek mards of the locality and also approached to the above named accused persons and requested them to vacate the above mentioned land, but they refused, on the other hand they issued threats of murder to the complainant/petitioner by saying not to come again over the said land, else would not be spared.

12. That the accused have committed an offence punishable U/S 3,4,5 of Illegal Dispossession Act, 2005 by forcibly occupying the land of complainant.

13. That if the above mentioned land is not vacated by the accused/respondents and its legal and lawful possession is not restored to the complainant, he would suffer an irreparable loss.

14. The poor complainant approached to SHO PS Nasim Nagar, narrated such facts, requested him for taking action against the accused/respondents but all in vain.

15. That poor complainant party also approached to SP Hyderabad regarding high handedness of SHO PS Nasim Nagar, but he also did not pay any heed over it.

16. That accused have possessed the land of complainant party, which is illegal and unlawful and an offence by virtue of Illegal Dispossession Act.

17. That Illegal Dispossession Act has been enacted in order to protect the legal and lawful possession of land owners and help the poor and law abiding persons to recover their rightful possession from illegal occupants, trespassers and land grabbers.

18. That therefore, complainant prays as under:-

P R A Y E R

A. That this Honourable Court may be pleased to direct the SHO, P.S Nasim Nagar to conduct an honest and impartial enquiry into the matter and report the result of such enquiry before this Honourable Court in specified time provided by the statute.


B. To recover the possession of 32 acres agricultural land out of Block No. 26 Lott No: 3, 8 and 26 total admeasuring 32 acres Deh x y z Taluka Qasimabad from the hands of accused persons named above and put the complainant into possession of above mentioned land and SHO P.S Nasim Nagar may be directed to protect the legal and lawful possession of the land of complainant in future and respondents No: 4 be directed to recover the wheat crop of the Complainant party from accused/respondents and hand over the same to the Complainant.

C. To bring this complaint on record, criminal trial may be proceeded against the accused persons named above, after causing their arrest.

D. To convict the accused persons named above, if they are found guilty of the offence.

E. To award compensation to the complainant regarding Illegal Dispossession Act, for damage caused to the complainant according to law.

F. To award any other relief, which this Honourable Court deems fit and proper under the circumstances of this Direct Complaint.


Hyderabad                                          (SAJID MIR)      

 

Dated 00.00.0000                               Advocate for the applicant


CERTIFICATE 

                    This is to certify that this is a first application u/s 3, 4 , 5 of Illegal Disspossessiom Atc and no such application of same nature has been preferred by undersigned on behalf of the present applicant.

 Hyderabad                                          (SAJID MIR)      

 

Dated 00.00.0000                               Advocate for the applicant


List of Witnesses:-

1. Mst Sikiladh @ Manzoor Begum W/O Ghulam Murtaza
2. Gul Nawaz S/O Ghulam Murtaza,
3. Meer Nawaz S/O Ghulam Murtaza, all by Caste Bijarani

List of documents produced:-

1. P.S Copy of Entry No. 104 dated 23-04-1994 of Form VII B of Deh X Y Z taluka Qasimabad


List of documents relied upon:-

Any other document in favour of complainant.

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