BIDHU BHUSHAN DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has challenged the vires of Section 2(h) of Tripura Tribal Areas Autonomous District Council Act, 1979(hereinafter to be referred to as the said Act). Petitioner has further prayed for a direction to exclude Aparaskar Revenue Village from the purview of Tribal Areas under Section 2(h) of the said Act.

(2.) Brief facts are as under:

(3.) Petitioner is resident of the said village. The petitioner is aggrieved by inclusion of the said village in the First Schedule to the said Act and consequential inclusion of the village in the Tribal areas as defined under Section 2(h) of the said Act. The case of the petitioner is that Tribal population in the said village is way below fifty percent of the total population. Inclusion of the village in the First Schedule to the Act was thus wrongly made. To the extent of inclusion of the village in the said Schedule and by virtue of which the village would be included within the tribal area in terms of Section 2(h) of the Act, the petitioner has challenged the vires of the said statutory provision.