Urgent Help Needed ...
amar
(Querist) 31 May 2010
This query is : Resolved
Dear Experts,
We have had a piece of land of 10.12 hectares (25 acres) in Gondia district of Maharshtra under a single name in land and revenue record since 1975.
The said above land was auctioned by SDO in 1972 and was purchased by a party Mr. X with the permission of SDO and proper sale deeds were executed for the same (registered sale deed), then again Mr. X sold a piece of 10 acres from his part to Mr. Y with prior permission of SDO.
We purchased the land from Mr X (15 acres) & Y (10 acres)again with the permission of SDO in 1975 and got the possession and our name on revenue records and since than we are enjoying all rights of owner till then.
(Both Mr X & Mr Y are Non-Aadivasis)
We have pledged the land in bank for Horticulture Loan by means of Registered Mortgage. We had invested about Rs.25 Lakhs in land development (including Land leveling, borings, drip irrigation, quarters/godown etc.) from loan till now for the said project.
We shall be cultivating bananas and vegetables in near future.
In 2006 an "AADIVASI", Mr Z approached Tahsildar's court & filled an appeal stating that the said piece of land should be returned to him as it belonged to him before being auctioned by government authorities in 1972.
IN July 2008 Tahsildar issued an order for the appeal of Aadivasi Mr Z, stating that the above land DOES NOT FALLS under the "Mahrashtra Aadivasi Land Return Act 1974", as the land was duly purchased from Govt. auctions by Non-Aadivasi Mr. X to Mr Y and so on with permission of SDO and hence there is no question of land being to be return to Mr Z. (we do have the copy of issued order of Tahsildar.)
But now on 25 may 2010 the SAME Thasildar issued an order to Revenue Inspector that the said land should be returned to the Aadivasi Mr Z.
Please let us know what is the remedy for us against the Tahsildar and Aadivasi Mr. Z who is trying to fraudly grab our developed agriculture land from us.
Raj Kumar Makkad
(Expert) 31 May 2010
Immediately file an appeal before Collector of your area against the illegal order passed by Tehsildar and enclose both the copies of his orders. Also obtain stay order against the implementation of the his order.
amar
(Querist) 31 May 2010
thanks a lot for your quick reply SIR.
we had already filled appeal before Collector with copies of Tahsildar orders.
what we wanted to know is that is there any law or any G.R by which the said land could be returned to the Aadivasi as it is not basically a Aadivasi land.
And one more thing we wanted to know is about were to get the stay against thasildar's order OR should we file a civil suit against thasildar and what to do with the appealent Aadivasi Party..???
Y V Vishweshwar Rao
(Expert) 06 June 2010
It appears that there is no stutory Authority to Thasildhar to exercise powers and to restore/Return the land to Adivasi as you mentioned it is not Adivasi land and the Act not applicable adn Act is passed in 1974 only and basically the land is not Tribal/Adivasi land and it is Govt land and Govt Sale & Purhasein 1972 with permisison of SDO -in my view it is better to file Writ Petition challenging the authority of the Thasildar/ Revenue Authroities to excercise powers not vested in him/them and as the Act is not applicable to your lands .
