• Agricultural land- validity of interim order in writ

1 ) Our family owns as agricultural land in scheduled tribal area since 1968 with clear title.

2 ) in 2005, a tribal approached Tribal court claiming ownership of the land, along with some other lands in the village. We were not made respondents

3) in 2007, the tribal court gave judgment asking the MRO to give away our land ( along with other lands ) to tribal under cover of panchanama. we were not aware of this.

4) We came to know about it in 2012 & approached High court with Writ petition. The court ordered MRO not to take any action against us based on the strength of lower court order. Order came on 25 Feb 2012.

5) However, after few months the tribals started claiming the land showing a 
Panchanama paper ( mentioning that MRO gave away land to them )  dated : 19 Feb 2012.We believed that its a foul paly by the then MRO to issue a panchanama with a prior date to the stay order to nullify the stay order. 

6) However, we continued to stay in possession of the land till date, as we didn't get any official communication from the MRO.

7) We approached high court with a Contempt case against who ever prepared 
panchanama. The court ruled that   < order as is > "it is mentioned that MRO has just  prepared a panchanama. it is not mentioned that any attempt was made to dispossess petitioners from the land. It is only when the respondents make any attempt, that they can be said to have violated the orders of this Court. hence closing the contempt case "

after the contempt case is closed, the tribals are again forcefully trying to take 
posession , by forceful ploughing etc. they show panchanama paper as proof of their claim.

8) we are still mentioned as the title holder & possesor of the said land in the
revenue records ( Pahani - yearly record approved by MRO w.r.t. crops & titles of lands )

Question 1 : Is preparing a panchanama not equal to giving away our land to tribal ? ( as in contempt order - read contempt order in para 7  )

Question 2 : As we are still shown as title holders & possessioners in revenue
records, can we approach police to protect our property from forceful grabbing ?

Question 3 : My point is that I'm in possession of the said land ( as per revenue 
records & as per ground reality ) & interim order in Writ petition is still in force & the MRO cannot dispossess us from the land now, whether panchanama was prepared before or after the issuance of interim order. Am I right ?
Asked 2 years ago in Civil Law from Eluru, Andhra Pradesh
Hi, you can file a suit for bare injunction restraining the persons from interfering peaceful full possession and enjoyment of your property and in that suit you have also sought for police protection.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) no it does not amount to giving your land as you are still in possession of land 

2) you can ask for police protection as you are legal owner of said land 

3) the order passed by MRO was passed in violation  of principles of natural justice . you were not made a party  to said case and no personal hearing was granted to you 

4)you cannot be dispossessed  without following due process of law
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:
Question 1 : Is preparing a panchanama not equal to giving away our land to tribal ? ( as in contempt order - read contempt order in para 7  )
Opinion: No, It is not equal to giving your land to Tribal. The Court is right to close the contempt case.

Question 2 : As we are still shown as title holders & possessioners in revenue records, can we approach police to protect our property from forceful grabbing ?
Opinion: Yes, You may file a complaint before Police or DM/SDM of your area to protect your property from forceful Grabbing. it is duty of Police and administration to protect you and your property.


Question 3 : My point is that I'm in possession of the said land ( as per revenue records & as per ground reality ) & interim order in Writ petition is still in force & the MRO cannot dispossess us from the land now, whether panchanama was prepared before or after the issuance of interim order. Am I right ?

Opinion: Yes, it may be.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You file a writ saying that some tribe is trying to posses your property which you have clear title and to restrain the same and give police protection and against the panchayat give and the authority who gave it. File a case in ombudsman against the authority to fave it
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Preparation of panchnama can in no way be equated with giving away possession of the land.

2. Since you continue to be in possession you can certainly approach the police for protection of your land. Police is under a duty to ensure that your land is not usurped. Do show the order of High Court to police. 

3. The 'tribal' court has already ruled that the tribals are the owners of the land. The moot point involved here is not whether you are the owner in records or not. The point is that HC has ordered that you should not be dispossessed from the land for time being. So this order is sacrosanct. You cannot be dispossessed till the time the tribals succeed in getting a favourable order from the HC. If any further attempt is made to dispossess you then move to High Court and initiate contempt proceedings.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1. Yes, it is equal to give away your land but it was not pressed before the Court by your Advocate. Moreover, it was not mentioned that you were being forced to vacate your possessed land on the basis of the said illegal panchanama,

2. Yes, you can lodge a police complaint in this regard. File another contemp petition before the High Court this time clearly alleging that te tribal is illegally forcing you to vacate your land on the basis of the Panchanama and pray for declaring the said Panchanama as invalid,

3. You are rright and you should endeavour to get the said panchanama invalid to get rid of the problem,
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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