St caste certificate and land encroachment regarding
JAGADEESH
(Querist) 19 April 2018
This query is : Resolved
Respected Sir/Madam,
Our Forefathers are belonging to ST (Kondh) caste and we are having 20 acres of land in Orissa, those lands were given to lease during 1970 and part amount Rs.3000/- have taken from the other party out of Rs.5000/-. After few years we have been asking them to handover the property to us by paying their amount, whereas, they have encroached the property and trying to change the documents by managing all officials. In this regard, our forefathers were engaged an advocate to get the support as they were illiterate (2nd Class Studied). The said advocate collected all original relevant documents from my forefathers and handed over to the other party including caste certificate original. Very recently we have applied for ROR patta in the district Sub-collectorate and found that the land is on the name of my forefather and the caste also mentioned as "Kondh" ST. Based on which we have applied for caste certificate at Tehsil Office, the respective Tehsildar is not accepting the application by claiming that we are not living in local. The Tehsildar informed the same message to other party and now the other party have filed a petition in Additional Land Commissioner that we have enrolled as BC caste in Andhra Pradesh after 1980s, as we do not have any proof of documents that as we belonging to the caste "Kondh".
Now our request is how to explain the answer to Additional Land Commissioner (in the Court) and also how to get the Caste Certificate as "Kondh".
Please suggest how to protect my Land from encroachment and how to approach ST Commission,
Thanking you,
R Satyanarayana
9666821844.
Ms.Usha Kapoor
(Expert) 19 April 2018
Your potent weapon is ROR patta wherein your forefather's name and your caste as ST-Kondh was mentioned. Based on this ROR Patta(Have you applied for the patta?) If not apply now. You go to land commissioner office and confront your opponent with the patta and falsify him and get back your land (based on your ST caste as Kondh and land was in your forefather's name)..To Tehsildar you can say you've given your land on lease but the lessee in a bid to encroach on the land is not surrendering the land. For greener pastures we migrated to current place you can say to Tehsildar. and get caste certificate as ST(Kondh)
JAGADEESH
(Querist) 20 April 2018
Madam,
Thank you for your valuable reply, need clarification on the following.
My father approached Tehsil Office to obtain ST Caste Certificate based on ROR Patta, whereas the Tehisildar rejected the application and desclosed all documents to other party. Based on all other documents again the other party filed a case in Additional Land Commssioner. Last 2 years back also the district sub collector directed the Tehsildar to issue caste certificate but the Tehsildar not providing and always claiming that we are not local people and not known the Kondh language and Odiya. After enchroachment of all our lands we were shifted to Andhra Boarder for our livelihood. In this regard, need your help to how to take further steps.
Regards,
RSN
Ms.Usha Kapoor
(Expert) 20 April 2018
You complain to the Dist collector about the biased behavior of Tehsildar and who may direct Tehsildar to issue your caste certificate. If again he dooesn't give your caste certficate request the Dist collector to give caste certificate.In land commissioner Office also by showing ROR Patta you may win and get back your l;and.Pray the Dist collector to issue your caste certificate, MRO also is capable of issuing caste certificate.You tell the collector of Tehsildar's biased behavior and request her to suggest alternate authorities to approach for issuing your caste certificate.
P. Venu
(Expert) 20 April 2018
The issues as well the facts posted lacks clarity.
