NEELAM BHAGAVAN Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) This Writ Petition is filed seeking writ of mandamus declaring the action of the official respondents in treating the petitioner's village i.e., Dharmapuram Village, Bayyaram Mandal, Khammam District as a Tribal Village, within the Scheduled area and issuing the notice Vide LTR case No.16/2015/Bayyaram, dated 07.12.2015 under Section 3(1) of the Andhra Pradesh (Schedule Areas) Land Transfer (Amendment) Regulation 1 of 1970, as unconstitutional, without jurisdiction and in violation of Article 244 (1) and subparagraph (1) of paragraph 6, PART-C of the Fifth schedule of the Constitution of India, r/w Article 372 of the Constitution of India, consequently, to declare that the petitioner's village i.e., Dharmapuram Village, Bayyaram Mandal, Khammam District is not a notified Tribal Village in scheduled area.

(2.) Brief facts which are necessary for disposal of the Writ Petition are as follows:

(3.) Counter affidavit and vacate stay petition is filed by the 5th respondent on behalf of other respondents denying the averments in the affidavit filed in support of the Writ Petition stating that on 1st October,1953, the Khammam District was divided from the existing District of Warangal by clubbing together the Taluqs of Khammam Madhira, Yellandu,Palvancha and Burgampad. Subsequently, in the year 1959, the Bhadrachalam and NUGUR Taluqs of East Godavari District were demarcated and attached to the Khammam District, forming as Bhadrachalam Division. That as per notification of State of Hyderabad, Revenue Department bearing No.19, dated 21.04.1950, the Hyderabad State had been divided into 16 districts and Warangal District was one of them consisting of Warangal, Mulugu, Burgampad, Palvancha, Madhira, Yellandu, Khammam and Mahabubabad Taluqs and as per Notification No.20, dated 21.04.1950, the said Warangal District was divided into four revenue districts comprising the Taluqs i.e., Warangal Division consisting of Warangal, Mulugu Taluqs, Mahabubabad Division consisting of Mahabubabad and Pakhal Taluqs, Khammam Division consisting of Khammam and Madhira Taluqs and Kothagudem Division consisting of Yellandu, Palvancha and Burgampadu Taluqs. As per the notification No.21, dated 21.04.1950, the Taluqs are annexed to the Revenue Department. The Yellandu Taluq consists of several villages and four Girdavar circles and the Bayyaram Mandal existed in Garla Girdavar circle. The Dharmapuram village is at Sl.No.68 in Garla Girdavar Circle, which had existed in Agency Area. Vide notification No.48/A4/193/52, dated 18.09.1953, the Warangal District has been bifurcated and Khammam District was formed with five Taluqs i.e., Khammam, Madhira, Paloncha, Yellandu and Burgampad. As per the Presidential order, it is clear that Dharmapuram village of Bayyaram Mandal is in Yellandu Taluk of erstwhile Warangal District. As per Scheduled Area (Part-B States) Order 1950, in SRC 1031, dated 07.12.1950 in C.O.No.26 of 1950, the Scheduled Area Notified by Sub paragraph (1) of Paragraph (6) of Scheduled to the Constitution of India, the President made the Order called the Scheduled Area (Part-B) States) Order 1950 (1) under paragraph-12 of the above order stating that "all the villages of Yellandu Taluq of Warangal District (excluding the Yellandu, Singareni, Siripuram, and Town of Kothagudem) are Scheduled Villages"?. Accordingly, Dharmapuram village of Bayyaram Mandal in erstwhile Yellandu Taluka of Warangal District is included in Scheduled area. Dharmapuram village of Bayyaram Mandal was in Yellandu Taluq at the time of Presidential notification on 07.12.1950. As per the notification of Government of Hyderabad, Revenue Department bearing No.19, dated 21.04.1950, the Hyderabad State had been divided into 16 Districts and Warangal District as then (as Sl.No.15) consisting of Warangal, Pakhal, Mulugu, Burgampad, Palvancha, Madhira, Yellandu, Khammam and Mahabubabad Taluk. As per notification No.20, dated 21.04.1950, Warangal District was divided into four revenue divisions. As per notification No.21, dated 21.04.1950, the Taluq annexed to the Revenue Department notification No.19, dated 21.04.1950, Yellandu Taluq consisting of the villages mentioned in the notification, had taken effect from 6.5.1950. That at the time of issuance of notification 2 of 1949, Dharmapuram village/scheduled village was notified as tribal village, as the village was in erstwhile Yellandu Taluk of Warangal District at the time of Presidential Order dated 07.12.1950. As such, as per C.O.No.26 of 1950, the said village was Tribal village/scheduled village. It is also stated that the authority is competent to issue impugned notice dated 07.12.2015 and as the village was already notified by the Gazette of India extraordinary Part-II Section 3, No.90, dated 07.12.1950, which falls within the jurisdiction of Revenue Division, Kothagudem, as such, sought for vacating the interim order and also to dismiss the Writ Petition.