| DESCRIPTION : I, the undersigned, resident/tenant of land recorded under Survey No. 159/1/1 at Village Garacharma, Tehsil Sri Vijayapuram, South Andaman District, write to lodge this complaint and request your good office to investigate and initiate criminal proceedings against Shri Anoth Ram, ph no 7063971790/ 9434261791, resident of Garacharma, for his alleged illegal and unlawful actions on our recorded land.
Facts of the matter:
1. The land bearing Survey No. 159/1/1 was lawfully allotted under the Government of India’s Colonization Scheme and was duly mutated in favour of the current tenants, whose names stand recorded in the form-F (Record of Holding Register). We are in lawful possession of the same.
2. Without obtaining any permission or approval from the competent authority, Shri Anoth Ram has reportedly dumped earth/materials within the boundaries of our recorded land. In addition, he has caused damage to the existing boundary wall that clearly demarcated the boundary of our property.
3. Such unauthorized entry onto our land, dumping of earth, and damaging the boundary wall amounts to unauthorised trespass / intrusion and violation of our lawful possession and property rights.
4. All the recorded tenants affected by this illegal act are elderly/senior citizens, many of whom are not in a position to personally pursue the matter or physically resist further wrongdoing, and hence are compelled to rely on the intervention of law enforcement.
Under Section 329 of the Bharatiya Nyaya Sanhita, 2023, an unauthorized entry into or remaining upon a property in possession of another person, with intent to commit an offence or to intimidate/annoy/insult the lawful possessor or without permission, constitutes criminal trespass.
The said action by Shri Anoth Ram — entering/dumping earth on our property, remaining there and damaging the boundary — qualifies under the above definition and is therefore punishable offence under BNS.
In view of the above, I hereby request that your office register a First Information Report (FIR) or take equivalent action under the relevant provisions, and investigate the matter.
The unauthorised act involves criminal trespass and property damage, not merely a civil land dispute, and is thus within the domain of criminal law and police enforcement.
The involved parties (tenants) are senior citizens, making them vulnerable and unable to ensure protection of their property on their own.
Without prompt police action, there is a risk of further dumping, encroachment, or damage, causing irreparable harm to the recorded tenants.
In the circumstances stated above, I respectfully request that your office:
1. Initiate criminal proceedings against Shri Anoth Ram under Section 329 (and other applicable provisions) of the BNS;
2. Register an FIR or take cognizable action to secure the land, prevent further dumping/encroachment, and safeguard possession of the recorded tenants;
3. Carry out necessary investigation, including on-site inspection, recording statements of tenants (especially senior citizens), and documenting the dumped earth and boundary damage for evidentiary record;
4. Provide protection to the lawful tenants, ensuring no further unlawful interference or harassment, and restore status quo of the property.
Submitted for kind perusal and favorable consideration pl.
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