Could some one explain the further process on the below High Court order:
The land of 10 acres are assigned to 3 SCs in the Year 1961 and they have sold the land to Village merchant in the year 1970 which was a registered sale deed. Then village mearchant sold the land to my mother in the year 1981 and again it is a registered sale deed (2nd sale deed from the assingement).
After 2 decadesof the pocession the MRO has sent a showcause as this land comes under Assigned land and taken the land in to Govt custody and the petitioner request was dismissed in RDO and Joint collector court.
Then petitioner filed a WRIT in High court and got a interim suspension order.
As per lawyers advice , We have proceeded further and started Cultivating the Land of 10 acres. Though we have High court order , the MRO/Revenue department protested us from Cultivation Activities and they say it is not a final order of high court and our GP should file a counter against on WRIT and meanwhile petitioner can not be allowed to land.
*** Please help us in this Area based on the HC interim suspension order***
1) With this order are we NOT eligible to Cultivate the land....
2) Do MRO/RDO/JC has any other powers to prevent us from Cultivation...Though the case is pending with HC
3) When we started Cultivation the Revenue dept tried to keep some cases against us like SC / ST atracity etc...and they also tried to file FIR against us for the cultivation act.
4) What is best way to deal this scenario...Bcz we were NOT allowed to the land from the past 7 yrs...
5) Any legal help is very much helpful for us..
Please refer to the below High court interim suspension order:
Petition under Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to suspend the resumption order of the 3rd respondent contained in File No.B/1196/1997. dated 16-04-2005, the appellate order contained in Appeal No.L/4179/2005, dated 19-1-2007 and the Revisional Order contained in Revision Petition No.E3/428/2007, dated 07-07-2012, pending WP No. 27904 of 2012 on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).
Though the proceedings were initiated under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, notice in Form No.1 was not issued to the original assignee. The petitioner is said to be the second purchaser after the assignment. Further, the land is said to have been sold in bits to more than hundred persons. The proceedings were initiated on the basis of a newspaper report. The matter needs to be examined.
Hence, there shall be interim suspension, as prayed for.