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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
P. Sarojini – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. jurisdiction over eviction matters. (Para 1) |
| 2. arguments on land ownership and eviction. (Para 2) |
| 3. regulatory compliance for land transfer. (Para 5 , 6 , 7 , 8 , 9) |
| 4. conclusion on writ petition maintainability. (Para 10 , 11 , 12) |
ORDER :
Nagesh Bheemapaka, J.
Challenge in this Writ Petition is to G.O.Ms. No.19 Tribal Welfare (LTR) Department, dated 27-04-2017, by which the 1st respondent dismissed the Revision confirming the orders of the 2nd respondent dated 22-09-2007 in CMA No.193 of 2005 and the order of the 3rd respondent dated 26-05-2005 in LTR Case No.237/2001/ENK, which pertain to eviction of petitioner from the land in Survey No.212, Buradaraghavapuram Village, Enkur Mandal, Khammam District, admeasuring Acs.8-05 guntas.
2. Petitioner contends that said land was purchased by her late husband, Sri Laxminarayana, under a registered sada sale deed dated 20-08-1966 from the unofficial respondent; transaction involved non-tribals only and that no tribal interest was affected by the sale. It is stated, initiation of eviction proceedings under Regulation 1/59 read with 1/70 by the 3rd respondent was without jurisdiction and illegal as the eviction order dated 26
The validity of land transactions involving non-tribals in scheduled areas mandates adherence to the regulatory framework safeguarding tribal land rights, irrespective of the intricacies of the indiv....
The Act 1905 is applicable to the Scheduled Areas and can be used for eviction of illegal encroachments by non-tribal persons.
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