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Labardar not making payment on time and harassing us: What should we do?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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Question: Labardar not making payment on time and harassing us. We are 3 stakeholders in ancestral property. We all are farmers and do agriculture in our part of land. But here in Chhattisgarh we can sell our crop only in the name of the main person, which is called Labardar. Nor here dispute arises. We have to demand our crop money every year from the Lambardar, which he generally delays and harasses. He is also not giving us the bonus amount, which is declared by the government every year. Our application for property division has been pending in district court for the last 6 years. Suggest what to do.

Asked from: Chhattisgarh

For expediting the pending partition suit you should move a petition under Article 227 of the constitution. You should file that petition in the High Court for expeditious disposal of civil suit. Take the certified copy of the order sheet to prove that the civil judge is giving unnecessary adjournments.

If the High Court satisfies that the subordinate court is giving adjournments and not taking effective action in order to decide the case, then the court may fix a time during which the civil judge has to dispose of the case. If the civil judge does not pass a decree within the stipulated time you can file a contempt petition against the civil judge.

Labardar not making payment on time

As per the government policy the labardar is bound to make payment of crop within three days. If he intentionally delays the payment you should move an application to the collector and make a formal complaint against the labardar. He has to deposit the amount of bonus in your bank account. 

If you have information that he has misappropriated the bonus for his own benefit then you should lodge a first information report (FIR) under the Prevention of Corruption Act and Indian Penal Code.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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