By: Ramesh C Mishra

Ramesh C Mishra — Mon, 14 Nov 2022 21:28:50 +0000

THE DOCTRINE OF ULTRA VIRES AND IAS, PCS THE JUDICIAL MAGISTRATES OF UTTAR PRADESH, INDIA
A GRAVE MISCARRIAGE OF JUSTICE TO UP, NRI, RESIDING IN CANADA FROM 1975
My father and his four brothers, 60 years ago, sat down in a closed room with their guns and divided the ancestral property, the stronger got more valuable, and the weaker got the inferior land; my father was educated, and the others were illiterates, my father wanted to go to court for his equal value shares, I stopped him, my mother was unhappy, and I convinced her that the legal battle would ruin my education because then I was planning to go abroad for the higher education, my parents became happy with my plan.

My mother decided 50 years ago to give 33% sharers of the inheritance, my father borrowed and gave her shares as a dowry,

2002, the lenders foreclosed because the father defaulted on the monthly payment, and no one was willing to redeem the foreclosures, and our father decided to commit suicide, he asked my help, and I agreed to help on the two terms, firstly not to sell and secondly not to transfer and he agreed, his advocates prepared a power of attorney appointing me and my physically and mentally impotent younger brother to look after our father and his property.

I commenced the judicial partition under section 116- UP Revenue Code 2006 and obtained the preliminary decree from the SDM, then Raja Ganapathy IAS, on May 28, 2018; Kurras was passed, undisputed, the SDM set November 12, 2018, to pass the final decree and give me my lawful shares in a joint holding. I diligently followed Revenue Code 2006 and 2016, sections 107,108 and 109. I followed the guidelines of advocate Kapish Srivastava in the Video.

NOVEMBER 12,2018

I travelled to the SDM trial court; my brother came into the court with a snake in his neck, and my co-sharers came with their assault rifles, bows and arrow. My brother purchased ” instant justice ” from the SDM and higher authorities; he gave SDM his false affidavit with forged land sale deeds alleging that I was a fraud; I sold my shares in India prior to moving to Canada in 1975, I disputed, gave to the SDM certified copies of Khatauni showing my name as a registered co-sharers of my ancestral holdings. I told SDM to prosecute my brother U/S 193 IPC, but he refused,

Four IAS and four PCS continued frivolous proceedings to get me murdered to steal my inheritance; the murder failed, injuring me for life. I wrote to UP CM and authorities in India that after passing the preliminary decree and Kurras, the SDM ought to pass the final decree and give me the lawful possession of my sharers.

The continuation of the frivolous proceedings on the basis of a false affidavit of a mentally ill person is a grave miscarriage of justice and ultra vires. Frivolous proceedings have been adjourned over 200 times after the passing of the preliminary decree, and kurras and I have been looted by over 220 fraudulent advocates of India. My advocates, instead of my protectors, acted as the predators. They used and abused me, and the Indian authorities allowed the barbaric act on an elderly man for 77 years old.

Victoria BC Canada

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By: Ramesh C Mishra