STATE OF ORISSA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a suit filed under Article 131 of the Constitution of India by the State of Orissa (plaintiff) against the State of Andhra Pradesh (defendant) for a declaration that the Borra Group of villages, also referred to as 'Borra Mutha', form part of the State of Orissa. Admittedly, the group of villages is located within the geographical limits of the State of Andhra Pradesh.

(2.) The State of Orissa in its plaint has averred that Borra Mutha [hereinafter 'disputed area') formed part of the Jeypore (Impartible) Estate at the time of the creation of the province of Orissa in 1936 by way of Government of India (Constitution of Orissa) Order, 1936 [hereinafter 'Orissa Order'] and that the said Estate subsequently became part of the modern-day State of Orissa after the abolition of the Zamindari system. The plaintiff has submitted that the Province of Orissa, at the time of its creation, had included the disputed area as contemplated in the First Schedule, Part I, Clause 2 (iv) read with Section 3(1) of the Orissa Order. Albeit, the disputed area is not territorially contiguous with the State of Orissa, yet the plaintiff state claims that it had remained within its administrative jurisdiction when the Province of Orissa was created and later on when the Constitution was enforced. It was also averred in the plaint that the former province of Madras had admitted that the disputed area fell within the administrative jurisdiction of the State of Orissa. The plaintiff has also alleged that since the creation of the State of Andhra (in 1953) and later on after the creation of the State of Andhra Pradesh in 1956, the defendant state has enforced its own administration over the disputed area. The plaint then narrates as to how the defendant's combative approach had compelled the State of Orissa to write a letter (No. 16715, Ref. dated 7-7-1962) to the Central Government so that the latter could persuade the State of Andhra Pradesh to vacate the disputed area. The State of Andhra Pradesh in its reply to the Central Government vide its letter (No. 2504- J/62.8) dated 30-3-1963, expressed its inability to vacate the disputed area by urging that the disputed area legitimately belonged to the State of Andhra Pradesh as per the order of the Andhra Pradesh High Court in Writ Petition No. 539/1957. Accordingly, the Central Government intimated the State of Orissa that it was not in a position to intervene in the matter relating to the disputed area, vide its letter [No. 38 /4/ 62-SR (R)] dated 24-1- 1964. According to the plaintiff state, its territorial integrity has been violated by the defendant state which has committed acts of trespass on account of its refusal to vacate the disputed area, thereby impelling the plaintiff to approach this Court under Article 131 of the Constitution. The plaintiff has averred that the cause of action arose after the formation of the State of Andhra (under Andhra State Act, 1953).

(3.) As stated earlier, the State of Orissa has filed the present suit under Article 131 of the Constitution seeking relief in the form of a declaration that the State of Andhra Pradesh has committed trespass on its land by interfering in the administration of some of its villages. The plaintiff's prayer is reproduced below: