GOVT OF A P Vs. D SUBBAYAMMA

JUDGEMENT

(1.) The short but important question in this Writ Appeal is, whether the 1st respondent, Smt. Dasari Subbayamma, belonging to Gowda caste (a backward class notified by the Government of Andhra Pradesh) becomes a member of a scheduled tribe "Goudu" (notified as a Scheduled Tribe under Art.342 of the Constitution) by virtue of residing in an agency tract. If she is a member of scheduled tribe as held by the learned single Judge, this appeal by the Government must be dismissed, if she is not, it must succeed. The matter arises under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959. The facts are clearly and elaborately stated in the order of the learned single Judge, and we shall state them only in so far as they are relevant for the question at issue.

(2.) The 1st respondent (writ petitioner) is a resident of L.N.D. Peta village in Polavaram Taluk, in West Godavari District. The village is situated in an Agency Tract. She purchased a land from a member of the scheduled tribe and she is trying to save the said purchase on the ground that she too is a member of scheduled tribe, "Goudu". (if she is not a member of a scheduled tribe, it is not in dispute, the sale in her favour is illegal and she has to be evicted therefrom). In proof of her assertion she produced a certificate dated 20-7-1979 issued by the Tahsildar, Polavaram. It reads:-

(3.) Art.342 of the Constitution empowers the President to specify tribes or tribal communities, which shall be deemed to be scheduled tribes for the purpose of the Constitution. It would be appropriate to read the Article here :