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 and are residents of Bussapur village of Govindraopetmandal which is a scheduled area. In the year 2003, local villagers belonging to Scheduled Caste and Schedule Tribe communities have represented to the erstwhile District Collector for grant of house sites. Considering the same, the District Collector issued proceedings dated 10.02.2004 for grant of house site pattas to the villagers. As per the above proceedings, the land from one private pattadar Sri Rajendrapal was purchased in Survey No.95 of Bussapur village to an extent of Ac.3-23 guntas under Land purchase scheme by the Government through ITDA and Social Welfare department. Between 2004 and 2008, without the knowledge or involvement of Schedule Tribe applicants, the file for distribution of pattas to ineligible persons and when the revenue staff came to the village for distribution of pattas, the local tribal persons questioned the authorities of said process, the officers went away at that time assuring us of corrective action, however, later the authorities secretively distributed pattas to ineligible persons and the petitioners were living in the government land by erecting thatched houses from the year 2008 and no disturbance was caused to the petitioners dwellings until 2014. After formation of Telangana State, the non-tribal persons started harassing the petitioners to vacate the houses. After formation of Telangana State, the non-tribal persons started harassing the petitioners to vacate the houses. The petitioners made complaints to the RDO and other District and Mandal Officers but no action was taken and the non-tribal parties in connivance of local revenue officers filed a police case against the petitioners vide FIR No.45/2016 dated 19.04.2016. Later, upon the direction of RDO, the then Tahsildar, Govindraopet conducted enquiry and directed all parties not to take up any fresh construction activities in the land. The non-tribals and respondents 10 to 12 foisted false cases on the petitioners on 06.05.2016 and the petitioners complained to the District Collector about illegal proceedings issued to non-tribals in scheduled area. From 2016 to 2022 there is no provocation from respondents 10 to 12 and also local authorities and the petitioners were living peacefully in the houses. As the allotment of land in scheduled area to non-tribal persons is in violation of Telangana Scheduled Area (Land Transfer Regulation) 1/59, as amended by LTR 1/70, the petitioners filed LTR case before 6th respondent on 07.01.2023 and Form-E notices were issued. After filing of the case and issuance of notices, the non-tribal parties, i.e, respondents 10 to 12 filed WP No.4385 of 2023 before this Court by suppressing the facts and sought police protection and this Court directed the respondents to consider the prevailing legal position and act accordingly if the petitioners in the said writ petition files a fresh complaint. It is the case of the petitioners that the said order was passed without issuing notice to the petitioners herein. The SHO of Pasara and 9th respondent has been threatening to vacate the petitioners; and the Tahsildar had issued fresh notice on 06.06.2023 to immediately vacate the houses. On the pretext of notices on 28.06.2023, the police have come and forcefully thrown out part of the petitioners belongings and tried to evict them. 4. A counter affidavit is filed by respondents 10 to 12. The sum and substance of the counter affidavit is that the Government through ITDA Eturunagaram acquired the land admeasuring Ac.3-23 guntas in Survey No.95 under land purchasing scheme to allot house sites to SC, ST, OBC and OC beneficiaries living below the poverty line. A Grama Sabha was held on 16.04.2008 in Bussapur village, to allot and distribute house sites to the eligible poor persons under lottery scheme. A Grama Sabha was held on 16.04.2008 in Bussapur village, to allot and distribute house sites to the eligible poor persons under lottery scheme. The Grama Sabha selected 59 persons as beneficiaries SC-8, ST-26, BC-14 and OC-11 and distributed the plots in an extent of 202 square yards each, and possession was delivered by revenue authorities. It is stated that the petitioners were trying to grab the land of respondents 10 to 12, and the respondents 10 to 12 constructed houses in the plots and living with peaceful possession since 2008. The petitioners are threatening the respondents 10 to 12 that they would foist cases under SC/ST Act. The respondents 10 to 12 are paying house tax to Gram Panchayat and obtained receipts. When the petitioners troubled and tried to dispossess the respondents 10 to 12, they filed a complaint before the Police and the same was registered as FIR No.45/2016 in Pasara Police Station and charge sheet was filed and numbered as CC No.532 of 2022 on the file of Judicial Magistrate of First Class, Mulugu. The respondents 10 to 12 brought this to the notice of official respondents by way of representation dated 15.01.2023 but no action was taken. After due enquiry by the Tahsildar, Govindraopet certified and confirmed that on 22.12.2023 that the unofficial respondents are in possession and reported that the petitioners are land grabbers. A petition was lodged by the unofficial respondents in the Police Station, Pasra, and a case was registered against the petitioners for the offences punishable under Sections 447, 506 IPC read with 34 IPC. It is also stated that unofficial respondents are in peaceful possession and enjoyment of the property since 2008, and the petitioners by taking tribal caste as advantage threatened the unofficial respondents to vacate the possession of the land under SC/ST (Prevention of Atrocities) Act, and they also damaged the house structures also several times. 5. A counter affidavit is filed on behalf of respondent No.7-Tahsildar. 5. A counter affidavit is filed on behalf of respondent No.7-Tahsildar. The sum and substance of the counter affidavit is that the petitioners filed the writ petition seeking protection from coercive action of respondents 7 to 9 against the petitioners with regard to their dwelling houses situated in Survey No.95, Bussapur village, GovindaraoMandal, Mulugu District during pendency of LTR case No.A/78/Gvt/2023 dated 1.2.2023 Form-E Rule 7(2) before 6th respondent; that admittedly respondent Nos.10 to 12 who are BC community filed W.P.No.4385 of 2023 seeking protection of their property in the hands of petitioners above. Respondent No.7 issued house site patta proceedings vide B/351/2008 dated 15.05.2008 in favour of respondent Nos.10 to 12 who are BC community by conducting Grama Sabha including the Sarpanch and Committee members allotted house site pattas in favour of respondents 10 to 12; that the law in the above subject matter situated in scheduled area therefore in respect of above subject property of house site pattas which is LTR proceedings pending for adjudication before 6th respondent; that in view of the above situation, the petitioners does not have legal and vested right to seek particularly this subject property; that if the petitioners have eligibility criteria for getting house site pattas, the 7th respondent and consisting of committee members and more particularly conducting the Grama Sabha for identifying eligible persons based on that the Government shall allot house site pattas especially to meet eligibility criteria have been residing continuously for long standing possession in the above particular village; that based on verification, the Government shall allot the house site pattas in favour of exclusive tribes only, not for any other SC, BC and OC community; that as a result the petitioners are encroachers, however, the petitioners are ST and they are eligible provided to meet the requirement and eligibility of house site pattas for residing long standing possession in the above agency village; that therefore the petitioners are not in a threat of dispossession from their house and lands; that the Government shall resume the land and allot to the eligible persons based on Grama Sabha resolution in favour of Tribes only; that the 7th respondent vide Rc.No.B/177/2022 dated 06.06.2023, the petitioners filed LTR case against respondent Nos.10 to 12; that subsequently the 6th respondent issued Form-E under Rule 7(2) for hearing both parties; that therefore the parties to agitate their claims before 6th respondent dated 01.02.2023 Form-E under Rule 7(2) not by way of Writ petition before the Hon’ble Court; that respondent Nos.10 to 12 filed WP No.4385 of 2023 seeking direction to official respondents to provide protection to the life and property of petitioners and prevent the illegal activities of respondent Nos.6 to 9 therein in trying to dispossess the petitioners from their possession and enjoyment over the property in an extent of 202 square yards each in Survey No.95; that the WP No.4385 of 2023 was disposed of by order dated 22.02.2023 giving liberty to petitioners to file fresh representation to respondent No.9 Pasara police station seeking protection and on such representation, respondent No.5 shall conduct necessary enquiry and take a decision in accordance with law; that the petitioners does not have any legal and vested right for seeking house site patta, provided subject to eligibility of the conditions of the petitioner entitled; that the 7th respondent issued on the basis of representation of SCs, STs, BCs and OCs in Bussapur village, Govindaraopet Mandal the then District Collector, Warangal has got purchased to an extent of Ac.3-23 gts of patta land under the land purchasing scheme (LPS) for providing house sites to the villagers/beneficiaries who were not having the residential houses by purchasing the land from owner Sri Rajendra Paul S/o G.L. Paul by then Deputy Director (Social Welfare), Warangal, at Rs.45,000/- per acre, totally an amount of Rs.1,60,875-00 in Sy No.95 of Bussapur village of Govindaraopet Mandal; that the above said land was distributed to the SC, ST and others by selecting them in Grama Sabha with a number of (59) eligible beneficiaries and in the same Grama Sabha in the presence of GramaSarpanch, Bussapur and other officials and villagers, the house site patta certificates have been handed over to the beneficiaries accordingly subject to the condition of their eligibility; that the petitioners are not belongs to the said village at the time of house site pattas issued by the 7th respondent in favour of respondent Nos.10 to 12; that having perused the file mentioned herein before and all available records, the writ petitioners suppressed certain material facts regarding the subject lands before this Court; that it is pertinent to emphasise certain important findings, files of Tahsildar Govindaraopet vide Rc.No.B/177/2022 and the document produced by the Deputy Director (SW), Warangal; that the writ petitioner herein before the Hon’ble Court claimed that they are the land owner in respect of said subject lands by virtue of ST community situated in scheduled area however having perused the available records the writ petitioner was never been allotted with House site pattas in respect of the above patta lands, because at the time of issuing pattas petitioners are not eligible on the ground of the petitioners have not been residing in the above village at the time issuing house site pattas; that the writ petitioners intention to get the land from the Government by virtue of ST in schedule area provided eligibility conditions, the respondents shall allot to the petitioners; that in view of the above facts the petitioners are not entitled and vested right to seek the particular house site pattas to file the present writ petition subject to eligibility conditions of the petitioners, if the petitioners are genuinely are needy for eligible, the respondents No.1,3,4,5,6 and 7 shall examine subject to outcome of the LTR proceedings finally and not by way of writ petition; that therefore the petitioners are no way vested right relating to the subject land; that the Government shall resume the land based on the eligibility criteria identifying the genuine long standing residing of ST citizens in the above village; that the Government shall distribute who were needy and imminent urgency eligible citizens for exclusive ST persons; that the law pattas issued by the 7th respondent was in force in favour of respondents 10 to 12 dt.15.05.2008, therefore which has to be adjudicated before the 6th respondent; and based on field enquiry and to conduct full-fledged trial with regard to possession either by petitioner or respondent Nos.10 to 12; that the issue has to be adjudicated before the 6th respondent and not by way of writ petition because the issue of pattas which was involved is purely question of facts and have to be determined by the 6th respondent. 6. A reply affidavit is filed by the petitioners to the counter of 7th respondent. 6. A reply affidavit is filed by the petitioners to the counter of 7th respondent. It is stated in the reply affidavit that it is not true that respondent Nos.10 to 12 were allotted house site pattas by conducting Grama Sabha; that the pattas were granted fraudulently; that the names of respondent Nos.10 to 12 are not found in the original eligible list forwarded by the Grama Sabha in 2003 resolution; that the petitioners does not have legal and vested right to seek particular subject property is not relevant to the matter before this Court; that as the petitioners are in possession and dwelling in the subject property since 2009 and the grant of said property to respondents 10 to 12 is under challenge before the 6th respondent, the petitioners only sought protection from immediate and forceful dispossession from the said property through the writ petition; that all the petitioners are residing in the subject village for several decades and all are eligible for grant of house site pattas for the sites they are in possession; that it is not true that the petitioners are not in threat of dispossession from their house and lands as the respondent himself issued eviction notice and the respondents have been taking the aid of police; that as admitted by the respondent the matter of violation of LTR 1/70 regarding the subject land is pending adjudication before the 6th respondent; that despite the admitted fact, the 7th respondent issued eviction notice to one of the parties i.e., to the petitioners belonging to Scheduled Tribe; that the petitioners are agitating the issue of grant of house patta to the respondents 10 to 12 before this Court; that in the writ petition filed by respondents 10 to 12 this Court directed the authorities to act in accordance with law, however, the local authorities including police in collusion with private respondents have taken steps to high handedly evict the petitioners though they know that the subject plots are pending adjudication before respondent No.6 for violation of LTR 1/70 and the pattas issued are prima facie against the law; that it is not true that the subject land was distributed to the SC, ST, and others by selecting them in Grama Sabha with 59 eligible beneficiaries; that in 2003 Grama Sabha forwarded the list of eligible persons from SC, ST and BC communities to the authorities, however the authorities in Grama Sabha conducted in 2008 started reading the list which do not consist many of the eligible persons but ineligible persons and the villagers objected to the same, and the authorities assured they will take corrective action and come up with revised eligible list; that no resolution was passed in 2008 by Grama Sabha; that the authorities later discreetly issued patta certificates to ineligible persons without knowledge of Grama Sabha or the villages; that since 2009 itself petitioners and other eligible persons were dwelling in the subject plots with mutual arrangement; that the respondent also conveniently omitted to mention the dates of alleged Grama Sabha and other events and had not filed any of the documents; that it is not true that the petitioners do not belong to the sid village at the time of grant of house site pattas by 7th respondent in favour of respondents 10 to 12; that the patta proceedings are dated 2008 and the petitioners are residing in the village since generations; that the 1st petitioner married UsamSadaiah who is the native of Bussapur village and born and brought up in the village; after marriage they separated from matrimonial house and started living in subject plot; the 2nd petitioner is also native of Bussapur village and having agricultural lands and their family name is included in beneficiary list of house plot and in 2008 he shifted to subject plot; that the 3rd petitioner is native of Bussapur village and their family is living there since generations; that it is not true that the petitioners suppressed material facts regarding subject lands before this Court and the respondent failed to point out which material fact is suppressed; that it is not true that the petitioners claimed to be the owners of subject lands. It is also stated in the reply that the petitioners have not claimed that they were allotted pattas for respective house plots; that it is not true that they have not been residing in the village at the time of issuance of house pattas; that the house plots are allotted to private respondents in violation of law and are void ab initio and the said matter is pending before 6th respondent for adjudication and during pendency of said case the petitioners shall not be evicted as they have been in possession of subject plot and dwelling therein for more than a decade; that based on the result of adjudication by 6th respondent further course of action may be adopted by official respondents which includes consideration and grant of pattas to the subject house sites to the petitioners for their dwelling plots; that it is not correct to state that the petitioners are not entitled and have no vested right to seek the subject house site pattas. 7. Learned counsel for the petitioners made submissions on the lines of the writ affidavit, and would contend that allocation of government land to non-tribal in a scheduled area is prohibited and therefore the claim of respondent authorities as well as private respondents that government has allotted house site pattas to them is not maintainable. He further contends that while an LTR case is pending against the private respondents and while the scheduled tribe persons are in occupation of subject properties, any attempt to evict them is untenable. He further contends that the attempts of respondent authorities as well as private respondents in evicting the petitioners from the dwelling houses attract the provisions under Telangana Scheuled Caste and Scheduled Tribes (Prevention of Atrocities) Act. He would contend that the above illegal action of respondent authorities in connivance with private respondents to evict the petitioners is violative of the rights of petitioners under the Constitution. 8. He would contend that the above illegal action of respondent authorities in connivance with private respondents to evict the petitioners is violative of the rights of petitioners under the Constitution. 8. Learned Government Pleader while drawing attention to the averments in the counter affidavit would submit that the petitioners were not residing in the village at the time of grant of house pattas in subject lands in the year 2008 and further the subject matter is before the 6th respondent-Special Deputy Collector(TW) and trial is pending in the matter and the issue involves questions of fact that would be decided upon adjudication of LTR case before the 6th respondent and therefore this Court cannot decide questions of fact in the writ jurisdiction. 9. Having considered the respective rival submissions, and perusing the material on record, it is not in dispute that respondents 10 to 12 have filed WP No.4385 of 2023 seeking protection from eviction from the subject plots alleging that the subject plots were granted to them in the Grama Sabha in the year 2008 by the respondent authorities and that the petitioners are threatening them to vacate, and this Court by recording the submission of learned Assistant Government Pleader for Home, based on written instructions, that the respondent No.5 therein received a petition on 15.01.2023 through registered post from the petitioners (respondents 10 to 12 herein) but there was no signature on the petition and police contacted the respondents 10 to 12 to put signature and file fresh petition. Based on the submissions made, this Court disposed of the said writ petition by order dated 22.02.2023 as follows: “In the above circumstances, the Writ Petition is disposed of, giving liberty to the petitioners to file fresh petition/representation to respondent No.5 seeking police protection in respect of above referred property. On receipt of such petition/representation, respondent No.5 shall conduct necessary enquiry and take a decision in accordance with law.” 10. Now, the present writ petition is filed alleging that the respondents 10 to 12 are trying to evict the petitioners from the subject lands. On receipt of such petition/representation, respondent No.5 shall conduct necessary enquiry and take a decision in accordance with law.” 10. Now, the present writ petition is filed alleging that the respondents 10 to 12 are trying to evict the petitioners from the subject lands. It is pertinent to note that in the present writ petition, the petitioners approached respondent No.7-Tahsildar alleging that respondents 10 to 12 encroached the subject plots, and the respondent No.7 vide Memo Rc.No.B/177/2022 dated 22.12.2022 furnished that BandapallyAnasuya w/o Sambaiah (Plot No.7, 202 sq.yards); DeekondaKomala w/o Kumaraswamy (Plot No.8, 202 sq.yards); and VemulaLaxmi w/o Karunakar (Plot No.4, 202 sq.yards) have been granted house pattas vide File No.B/351/2008 and they are dwelling in the subject plots. 11. It is to be noted that it is the specific stand of the respondent authorities in the counter affidavit filed by respondent No.7 that the petitioners were never allotted the house site pattas in respect of the subject patta lands because at the time of issuing pattas, the petitioners have not been residing in the above village; and that the pattas issued by respondent No.7 in favour of respondents 10 to 12 on 15.05.2008 were in force and that if the petitioners are eligible and needy, the respondents 1, 3, 4, 5, 6 and 7 shall examine the outcome of LTR proceedings finally and the petitioners have no vested right relating to the subject land. It is not in dispute that LTR proceedings are pending before 6th respondents in respect of subject lands and based on enquiry and full fledged trial with regard to possession either by petitioners or respondents 10 to 12 by respondent No.6 12. Admittedly, the issue with respect to the subject lands is the subject matter of LTR proceedings before respondent No.6. Admittedly, the issue with respect to the subject lands is the subject matter of LTR proceedings before respondent No.6. Whether the petitioners have been residing in the village by the date of issuance of pattas, whether they meet the eligibility conditions, and whether the respondents 10 to 12 are ineligible persons for grant of pattas, and whether the petitioners are in possession or respondents 10 to 12 are in possession of the subject lands, whether the respondents 10 to 12 fraudulently obtained the pattas, are all questions of fact that are to be adjudicated in the LTR proceedings by the 6th respondent after considering the oral and documentary evidence that may be adduced by the respective parties and further course of action by respondent authorities would follow based on the outcome of LTR proceedings before 6th respondent; and this Court cannot venture into deciding questions of fact in a writ jurisdiction under Article 226 of the Constitution of India. 13. Accordingly, the writ petition is dismissed. No costs. Miscellaneous petitions, if any pending, shall stand closed.