K.N.SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has called in question the constitutional validity of sub-sec. (6-a) to (6-f) of Sec. 165 of the Chhattisgarh Land Revenue Code, 1959 (henceforth 'the CGLRC') on the ground that the said provision inserted in the statute book by notification issued by His Excellency the Governor of the erstwhile State of Madhya Pradesh bearing No.F-16/1/81-II-XXV dtd. 15/4/1981 as ultra vires to clause 5 Part 'B' of Fifth Schedule of the Constitution of India.

(2.) Article 244 (1) of the Constitution of India provides that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram. The Fifth Schedule of the Constitution is divided into four parts from Part 'A' to Part 'D'. Administration and control of scheduled areas and scheduled tribes is dealt with in Part 'B'.

(3.) Clause 5 of Part 'B' of the Fifth Schedule makes provision in respect of law applicable to scheduled areas. The said provision is reproduced hereunder :