VAJRAKAYALA RAMANI Vs. SUB COLLECTOR RAMACHODAVARAM

JUDGEMENT

(1.) After due enquiry, the authorities found that the petitioner belongs to 'Kapu' community and she does not belong to a Tribal Community. She claims that she belongs to 'Konda Dora' community, which is a tribal comunity, from the facts, i.e. the petition and counter, the allegation is that the petitioner belongs to Konda Dora community as she was born during the association of her mother with Vajrakayala Sriramulu, who is a Trial. The file has been perused by this Court. The mother of the petitioner gave a statement that she was deserted by her legally wedded husband along with this girl and she came and stayed with Sriramulu. The statement of the mother clearly shows that at the time when she was discarded by her husband, the petitioner herein was aged about 3 months or so. When she was born during the wedlock with a non-Tribal and that the mother being a non-Tribal, it cannot be said that the petitioner is entitled to be treated as a Tribal. The statements given on oath in Telugu by her mother and recorded by a competent officer have to be preferred as against the statement made by the father in the affidavit. If those statements are taken into account, it must be held that the petitioner does not belong to Tribal Community.

(2.) Sri P.V.R. Sarma, the learned counsel for the petitioner, contended that after the petitioner's mother was discarded, the petitioner was brought up by Sriramulu a Tribal, and, therefore, she must be given that status. I am unable to agree with this contention. In determining the statute of the parties, the status of the parents alone has to be taken into consideration, but not the status of the foster parents. Under these circumstances, I find no substance in this writ petition.

(3.) The writ petition is dismissed. No costs. Advocate's fee Rs. 300/-. Petition dismissed.