My family owns Agricultural land in Andhra Pradesh. The property is in tribal area. It is in continuous possession of our family for last 40 years, with clear title. In 2005, a tribal approached court claiming ownership of few agricultural lands in village, including ours. But he didn't include any of our family members as respondents. The tribal court issued orders in favor of tribal & directed MRO ( Tahsildar ), to transfer the right of property to Tribal under cover of Panchanama. The order was given in 2007. We were un aware if it.
We got to know about it on Feb 2013 & approached A.P High court with writ petition. The court directed MRO not to take any action based on the judgment of lower court. The order was issued on 25th Feb 2013.
Later a tribal approached us and claimed that MRO transferred the land to him on 19th Feb 2013, a week before the High court issued stay. The MRO also said that he implemented the lower court order before issuance of stay & high court order is of no value NOW.
We believe that MRO has colluded with the tribal & done a mischief by creating a table made Panchanama to reverse the High court order. We filed a Contempt of Court against him & judgment is awaited. its taking longer time than expected.
Question : currently status-quo is maintained @ the disputed land. can we go ahead and cultivate the land, ? or should we wait for the outcome of contempt ? if we cultivate the land, can the tribal file reverse cases against us ?
Asked in Civil Law from Hyderabad, Andhra Pradesh
Since it is status -quo order hence you can not do any activity including cultivation. Move an application for modification of order permitting thereby to cultivate.
Advocate, New Delhi
since order of status quo has been passed dont carry out any cultivation . you will have to ultimately amend your writ petition and challenge the orderof MRO giving your land to the tribal