B MADHUSUDHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A student of Osmania University has filed the instant petition in public interest under Article 226 of the Constitution of India. Basing upon newspaper reports of the alleged attrocities on the tribal folk in the agency hamlets in West Godavari District of the State, the petitioner has stated that for the past two or three months, he was reading about the problems of the tribals and the conflict between tribals and non-tribals in the agency area of the District in general and villages in Gilugumilli Revenue Mandal in particular. Stated in brief, according to the petitioner, the conflict between the tribals and non- tribals started when non-tribals invaded into the forest and the livelihood of the tribals were taken away. Non-tribals, according to the petitioner, destroyed the very culture and tradition of the tribals as also their very source of the livelihood. Laws were enacted such as Andhra Pradesh (Scheduled Areas) Estates (Abolition and Conversion into Ryotwari) Regulation Act, 1959, which was subsequently amended by Regulation III of 1960, the A.P. Scheduled Areas Ryotwari Settlement Regulation, 1970 and Scheduled Area Land Transfer Regulation etc., and an Integrated Tribal Development Agency for the welfare of the tribals was created. In spite of all these legislations and agencies, non- tribals continued to encroach upon tribal area and the present conflict is an outcome of such encroachment by the non-tribals. The scheduled area, which covers three Mandals in West Godavari District, namely, Polavaram, Buttayigudem and Gilugumilli comprises 101 villages called scheduled villages' and is having a tribal population, according to 1991 census, of 36,768 constituting 40% of the total population of the scheduled area.

(2.) One organisation by name 'the Search for Action and Knowledge for Tribal Initiative' (SAKTI) has, however, taken up the cause of the tribals and is providing to them necessary information and education about their rights and since the Government has taken up distribution of lands to them, i.e., tribals, the non-tribals, however, have been protesting against the distribution of lands in favour of the tribals and such protests started in May, 1995 in Gilugumilli Mandal. The Sub-Divisional Magistrate, who is also the Revenue Divisional Officer failed to take appropriate action.

(3.) The petitioner has thereafter stated: