ORDER : 1. This is an application at the instance of some residents belonging to the scheduled tribes living within the Balranpur Development Blocks within the Rajpur area of the district of Sarguja in Madhya Pradesh. They were assigned certain Government lands for purpose of cultivation and admittedly have been in possession of such property for quite some time. Instead of regularising their possession by issue of pattas, the Local Government Officers have started prosecuting them for trespass and have also initiated preventive proceedings under the Code of Criminal Procedure when a writ petition was filed on behalf of the named petitioners by way of representative action on behalf of similarly situated other members of the scheduled tribes for a direction to the State to regularise their possession by issuing pattas with heritable right. 2. We have perused the affidavit of the parties, the documents having been brought on record and have heard counsel. We are of the view that the material on record clearly indicates that Government intended at the time the petitioners were admitted into possession that permanent rights will be created in their favour. We, therefore, dispose of the writ petition by directing : 1. The Revenue authorities shall allot two acres of land to every adult member out of the lands in possession of the members of the family in such a manner that the family would not be allotted more than 6 acres of land. In the event of the total land in possession being less than 2 acres the allotment would be confined to the actual area of possession. 2. In the event of land in possession turning out to be more than the entitlement on the basis of 2 acres per adult member ane 6 acres per family, the balance land shall revert to the State, Unless possession is returned to the State within one month of determination by the Revenue Officer concerned, dispossession could be effected under summary proceedings. 3. Criminal proceedings either for offences or preventive action shall remain stayed until the settlement takes place in the manner indicated above. Once issue of pattas is finalised and permanent and heritable rights are conferred subject to restrictions and alternations in any manner, the criminal cases shall not be taken and upon the adhivasis in possession surrendering the excess land the trial or proceedings shall terminate. 3.
Once issue of pattas is finalised and permanent and heritable rights are conferred subject to restrictions and alternations in any manner, the criminal cases shall not be taken and upon the adhivasis in possession surrendering the excess land the trial or proceedings shall terminate. 3. We direct that the pattas shall be granted by the end of February, 1990, and the criminal cases which remain stayed until then shall be taken up soon thereafter and be disposed of in the manner indicated above. 4. A return shall be filed by the Collector of Sarguja by 15th of March 1990, that the writ issued by this Court has been duly complied with. No. costs.