USAM LAVANYA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of respondent authorities in trying to evict the Schedule Tribe petitioners from their homes and lands in Survey no.95 of Bussapur village, Govindraopetmandal which is a scheduled area, based on illegal and ab initio void proceedings and invalid notices, despite pendency of Land Transfer Regulation proceedings before the competent authority on thesubject property as illegal, unconstitutional, without authority and consequently set aside the notice of 7th respondent vide Rc.No.B/177/2022 dtd. 6/6/2023 and direct the respondents 1 to 4 to initiate enquiry on the whole issue of grant of house site pattas to the ineligible non-tribal persons in Bussapur village, Govindraopetmandal, Mulugu District, in violation of provisions of LTR 1/70 as well as the orders of this Hon'ble Court and take appropriate action in accordance with law.

(2.) Heard Sri Ch. Ravi Kumar, learned counsel for the petitioner; and the learned Government Pleader for Social Welfare.

(3.) The case of the petitioner, in brief, as per the averments in the writ affidavit, is that the petitioners belong to Schedule Tribe of Koya, Nayakpod and are residents of Bussapur village of Govindraopetmandal which is a scheduled area. In the year 2003, local villagers belonging to Scheduled Caste and Schedule Tribe communities have represented to the erstwhile District Collector for grant of house sites. Considering the same, the District Collector issued proceedings dtd. 10/2/2004 for grant of house site pattas to the villagers. As per the above proceedings, the land from one private pattadar Sri Rajendrapal was purchased in Survey No.95 of Bussapur village to an extent of Ac.3-23 guntas under Land purchase scheme by the Government through ITDA and Social Welfare department. Between 2004 and 2008, without the knowledge or involvement of Schedule Tribe applicants, the file for distribution of pattas to ineligible persons and when the revenue staff came to the village for distribution of pattas, the local tribal persons questioned the authorities of said process, the officers went away at that time assuring us of corrective action, however, later the authorities secretively distributed pattas to ineligible persons and the petitioners were living in the government land by erecting thatched houses from the year 2008 and no disturbance was caused to the petitioners dwellings until 2014. After formation of Telangana State, the non-tribal persons started harassing the petitioners to vacate the houses. The petitioners made complaints to the RDO and other District and Mandal Officers but no action was taken and the non-tribal parties in connivance of local revenue officers filed a police case against the petitioners vide FIR No.45/2016 dtd. 19/4/2016. Later, upon the direction of RDO, the then Tahsildar, Govindraopet conducted enquiry and directed all parties not to take up any fresh construction activities in the land. The non-tribals and respondents 10 to 12 foisted false cases on the petitioners on 6/5/2016 and the petitioners complained to the District Collector about illegal proceedings issued to non-tribals in scheduled area. From 2016 to 2022 there is no provocation from respondents 10 to 12 and also local authorities and the petitioners were living peacefully in the houses. As the allotment of land in scheduled area to non-tribal persons is in violation of Telangana Scheduled Area (Land Transfer Regulation) 1/59, as amended by LTR 1/70, the petitioners filed LTR case before 6th respondent on 7/1/2023 and Form-E notices were issued. After filing of the case and issuance of notices, the non-tribal parties, i.e, respondents 10 to 12 filed WP No.4385 of 2023 before this Court by suppressing the facts and sought police protection and this Court directed the respondents to consider the prevailing legal position and act accordingly if the petitioners in the said writ petition files a fresh complaint. It is the case of the petitioners that the said order was passed without issuing notice to the petitioners herein. The SHO of Pasara and 9th respondent has been threatening to vacate the petitioners; and the Tahsildar had issued fresh notice on 6/6/2023 to immediately vacate the houses. On the pretext of notices on 28/6/2023, the police have come and forcefully thrown out part of the petitioners belongings and tried to evict them.