KATTA NAGESHWAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, under Art. 226 of the Constitution of India, the petitioner is challenging the action of the respondents 1 to 4 in treating the petitioner's village viz., Thuthaklingannapet, Enkoor Mandal of Bhadradri Kothagudem District, as a Tribal Village (Scheduled Area); and, the further action in issuing the notice, dated 08.11.2017, in LTR Case No.75/2017/ENK as unconstitutional, without jurisdiction and violative of Articles 244(1)372 of the Constitution of India and paragraph 6(1), Part-C, of Schedule V to the Constitution of India. A consequential declaration that the petitioner's subject village is not a notified Tribal Village is also sought in the writ petition.

(2.) I have heard the submissions of Sri V.V. Anil Kumar, learned counsel appearing for the writ petitioner, of the learned Government Pleader for Social Welfare appearing for the respondents 1 to 3, and of Sri C. Raghu, learned counsel appearing for the 5th respondent. I have perused the material record.

(3.) From the pleadings, submissions made, and the contents of the material documents, the following facts are noticeable: 'The village, Thuthaklingannapet, [hereinafter referred to as the subject village] was not declared as a Scheduled Area village by the President of India under paragraph 6(1), Part-C, of Schedule V to the Constitution of India and the said village is not included in C.O.No.26 made by the President, which was published for general information in the Gazette of India, dated 07.12.1950 or in the notification No.2, dated 16.11.1949 (16th Dai, 1359, Fasli), which was issued by the then Raj Pramukh, that is, His Exalted Highness (HEH) The Nizam. The subject village was at Sl.No.129 in the list of Madhira Taluq villages published in the year 1950, but, was not in Palvoncha Taluq of the then Warangal District. The subject village has not been notified in the notification no.2, dated 16.11.1949, which was sent to the Union Government in the month of Dec., 1949, which was in force even after the Constitution of India came into force. The said fact is evident from notification no.14, dated 02.02.1954. Initially, the subject village formed part of Madhira Taluq of Warangal District, as on the date of issuance of notification no.2, dated 16.11.1949, issued in exercise of the power conferred under the Tribal Area Regulation, 1359 F. The said notification reflects that neither Madhira Taluq nor the subject village in Madhira Taluq was declared as a Scheduled Area. Subsequently, the Government of Hyderabad issued notification no.21, dated 21.04.1950, reorganizing the Taluqs in Warangal District. In such re-organisation, 39 villages of the then Madhira Taluq were transferred to Palvancha Taluq on administrative grounds and/or for administrative convenience. Thereupon, certain villages became part of Chandragonda Girdawar circle of Palvancha Taluq. The said Circle was also not declared as a notified tribal area or scheduled area. The said fact is evident from the above said notification no.21, which was issued in exercise of the power conferred by Sec. 5 of Hyderabad Land Revenue Act 8 of 1317 F. The alterations or reorganizations of villages were affected only for administrative convenience and on administrative grounds and on such alterations of the boundaries, the village, which was not originally Scheduled Area or a specified part of Scheduled Area does not acquire the status of a Scheduled Area or a Tribal Village. The relevant contents of the Presidential Order in C.O.No.26, dated 07.12.1950 contain a reproduction verbatim and adaptation of notification no.2, dated 16.11.1949, whereunder the subject village was not notified as a Tribal Village; the said village being in Madhira Taluq of Warangal District. The villages which were notified as Tribal Villages by notification no.2 are only Tribal Villages and come within the Scheduled Areas as the said notification was adopted by the President of India as per the provision of the relevant Art. of the Constitution of India and the subject village was not included in the notification no.2/1949.'