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NAGESH BHEEMAPAKA
Usam Lavanya – Appellant
Versus
State of Telangana – Respondent
ORDER :
Nagesh Bheemapaka, J.
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 the subject property as illegal, unconstitutional, without authority and consequently set aside the notice of 7th respondent vide Rc.No.B/177/2022 dated 06.06.2023 and direct the respondents 1 to 4 to initiate enquiry on the whole issue of grant of house site patt as 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
The court ruled that eviction of Scheduled Tribe individuals from their homes in scheduled areas, based on illegal proceedings, violates the Land Transfer Regulation.
When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwh....
Eviction from land requires adherence to due process of law, especially when long-term possession is established.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
![Thevan Thankachan [Expired] S/o. Thevan VS State of Kerala - 2025 Supreme(Ker) 271](https://supremetoday-s3.b-cdn.net/Kerala_2.png)
The court ruled that petitioners cannot claim land assignment rights over properties not designated for assignment under the Kerala Land Assignment Act, despite previous assignments.
The Act 1905 is applicable to the Scheduled Areas and can be used for eviction of illegal encroachments by non-tribal persons.
![Thevan Thankachan [Expired] S/o. Thevan Vs State Of Kerala - 2025 Supreme(KER) 592](https://supremetoday-s3.b-cdn.net/Kerala_3.png)
The court ruled that petitioners cannot claim land assignment rights over properties not designated for assignment under the Kerala Land Assignment Act, despite previous assignments.
Point of law: Land cannot be utilized for any other purpose, except for grazing cattle as ‘mandabayalu’ and no change of classification of the land in Sy.No.74/3 is for ‘mandabayalu’ into ‘assessed w....
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