FIRM DHARAMCHAND RAMESH CHAND Vs. BABULAL CHUNNILAL MOGHIYA

JUDGEMENT

(1.) THE only point involved in this revision by the plaintiff from an order by the civil Judge, Class I, Guna is whether the non-petitioner being a member of moghya community belongs to Scheduled tribe in terms of the Constitution (Scheduled Tribes) Order. 1950 issued by the President of India in exercise of the powers conferred by Clause 1 of Article 342 of the Constitution.

(2.) THE lower Court has held that- since in several districts of Madhya Pradesh moghya or Mogia has been notified as a Scheduled Tribe, it will be deemed, for the purposes of the application of the Madhya Pradesh Anusuchit Jan Jati Rini sahayata Adhiniyam, 1967 that a member of Moghya community wherever residing in the State is a member of the Scheduled Tribe.

(3.) THE learned counsel for the petitioner, however, urges that the non-petitioner no doubt a Moghya, is a resident in the district of Guna in respect of which only the following tribes namely :-- (1) Gond. (2) Korku. (3) Seharia. have been declared as Scheduled Tribes and not Mogia.