The petitioner challenged a notice invoking Scheduled Areas Land Transfer Regulations regarding agricultural land purchase in Kannegudem village. The Court held the village was part of a President-notified scheduled area at the time of the order and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 24517 of 2019
Date: 02.12.2019
Between:
V.Babu Rao, s/o. Venkataramaiah, Aged about 65 years, Occu: Agriculture, R/o. Mulkanur village, Garla Mandal, Mahabubabad district.
….Petitioner
And
The State of Telangana, rep.by its Prl.Secretary, Social Welfare Dept., Secretariat Buildings, Hyderabad and others.
….. Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 24517 of 2019
ORAL ORDER:
Heard learned counsel for petitioner and learned Government Pleader for Revenue.
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2nd respondent gravely erred in issuing notice by invoking powers under the Regulations, 1959 and said regulation has no application.
(Katta Nageshwar Rao v. The State of Telangana, rep.by its Prl.Secretary, Tribal Welfare Department, Hyderabad) holding that power to declare any area as scheduled area exclusively vests with His
1 2014(5) ALD 181
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Excellency the President of India and as Thuthaklingannapet village was not included in the notification issued by His Excellency the President of India, it cannot be treated as tribal village merely because there was reorganization of talukas including 39 villages of Madhira transferred to Paloncha taluka.
7.1. In Mandava Ramakrishna (supra), the issue was whether 23 villages of Mangapet Mandal would come under the Scheduled area. The Government applied A.P.Scheduled Areas Land Transfer Regulation, 1959 as amended by the AP Schedule Areas Land Transfer (Amendment) Regulation, 1970 and exclusive reservation to local scheduled tribes to public offices. This was challenged before this Court.
7.2. During the Nizam regime, by notification dated 16-11-1949 issued under Tribal Area Regulations, 1359 Fasli notified Scheduled Areas which included Palvancha taluka. Vide notification dated 21-4-1950, Nizam divided erstwhile Hyderabad state into 16 districts. In the process all the 23 villages of Mangapet mandal were deleted from Palvancha taluk and included in Mulug taluk. His Excellency the President of India issued notification dated 07.12.1950 under para 6(1)
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of Schedule V of the Constitution of India notifying Scheduled Areas which included Palvancha taluka.
7.3. The question considered by learned single judge was whether the notification issued by the Nizam on 21.4.1950 deleting 23 villages from Palvancha taluk and including in Mulug taluk would affect the status of villages as scheduled villages. The court noticed that even though a subsequent notification was issued by the Hyderabad State on 2-2-1954 directing amendment to be made to notification dated 16-11-1949 and though there were certain substitutions made, there was no mention of the exclusion of 23 villages of erstwhile Paloncha taluka from the tribal area.
7.4. Dealing with the issue, learned Judge observed as under:
“49. The very fact that a subsequent notification dated 02.02.1954 was issued under Section 1(2) of the Tribal Area Regulations, 1359 Fasli shows that, if the Rajpramukh had intended to delete the subject 23 villages from the list of notified tribal areas of Paloncha taluq, he would have issued a notification under the Tribal Area Regulations, and not under the Hyderabad Land Revenue Act, 1317 Fasli. As the notification dated 16.11.1949, issued under the Tribal Area Regulations, 1359 Fasli, only excluded six villages of Paloncha taluq from the list of notified Tribal Areas, it is clear that the subject 23 villages remained part of the notified tribal areas of Paloncha Taluq of Warangal District in the Part-B State of Hyderabad till the Presidential Order dated 07.12.1950 was made, and continued thereafter as "Scheduled Areas".
V. Tribal Areas Regulation, 1359 Fasl - Was it the Law in Force, Immediately Before the Commencement of the Constitution of India, Under Article 372 (1) thereof ?
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legislation. (Ram Kirpal Bhagat MANU/SC/0165/1969 : (1969) 3 SCC 471 : AIR 1970 SC 951). When the Governor makes Regulations in the exercise of his powers under Para 5(2) of the Fifth Schedule, (similar to Section 92(2) of the Government of India Act, 1935), and repeals or amends any Act of Parliament or the State Legislature, he exercises legislative powers. (Samatha MANU/SC/1325/1997 : (1997) 8 SCC 191; Messers. Chatturam & Ors. v. The Commissioner of Income-tax, Bihar MANU/FE/0011/1947 : (1947) FLJ 92; and Jatindra Nath Gupta MANU/FE/0016/1949 : (1949) FLJ 225). Like Para 5(1) of the V Schedule, Section 3 of the Tribal Area Regulations, 1359 F also confers powers on the Government to apply laws to notified Tribal Areas. As application of laws is one of the recognised forms of legislation, the power conferred by Section 3 is a power to make laws and, consequently, the Tribal Area Regulations, 1359 Fasli must be held to be a "law in force" in the territory of India immediately before the commencement of the Constitution of India.”
treating petitioners village by name Thuthaklingannapet of Enkoor in Bhadradri -Kothagudam district as tribal village and issuing notification in LTR from agent to government as unconstitutional. It was contended that the village was not included in the Scheduled area notified by the President of India in para 6(1) of Schedule-V of the Constitution of India dated 7–12-1950 or notification issued by Nizam on 16-12-1949. The village was shown in the list of villages of Madhira taluk but not in Palvancha taluk. In notification dated 21-4-1950 issued by government of Hyderabad state reorganizing taluks in Warangal district, 39 villages of then Madhira taluk were transferred to Palvancha taluk. On such transfer certain villages became part of Chandragonda Girdawar circle of Palvancha taluk. This circle was not declared as notified by tribal area. It was therefore contended that village cannot be treated as Schedule area village. Following the ratio in Mandava Ramkrishna (supra), learned single judge held that power to declare an area as scheduled area vests exclusively in the President of India and status of a scheduled area will not change as non scheduled area by way of rectification of boundaries
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or by mere reorganization of taluks. It was further held that mere fact that a particular group of villages were removed from one taluk and merged with another taluk would not result in their cessation as notified tribal areas if they were originally notified tribal areas.
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President of India, this village has become part of Yellandu taluka. Therefore, it became agency village. The said notification was issued in valid exercise of power. The notification is not under challenge.
12. As noticed by learned single judge in Mandava Ramkrishna ,
the primary objective to include in the notification under Schedule-V of the Constitution and notify certain villages as scheduled villages is to protect tribals from encroachment into their lands by non tribals and displacing them from their habitation. The statistics noted by learned judge clearly point out that there was extensive migration of plain area people into tribal areas and occupied their lands, exploited the tribals and dispossessed from their lands. As an inducement, non tribals lent money to tribals taking the land belonging to them as security by charging very high interest and as tribals were unable to repay the amount borrowed, the non tribals took possession of the land. Therefore, need was felt for special measures to be taken for protection of tribals. Thus the primary objective of the Regulation, 1959 as amended by Regulation 1 of 1970, and the Schedule-V of the Constitution of India is to protect tribals from non tribals. It’s a beneficial legislation to enforce right vested in the tribals and to shield the tribals from such exploitation. As the Presidential order indicates entire Yellandu taluk as agency area except three villages and one town, it is clear that the Presidential order covers all other villages in Yellandu taluka as on the date of notification. The two decisions relied by the learned counsel for petitioners do not come to the aid of the petitioners. In fact, the view taken by the learned single Judge in Mandava Rama Krishna makes it clear that as long as the Presidential order is in force and once a village becomes part of scheduled area, the laws governing scheduled area have to be implemented.
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__________________ P NAVEEN RAO,J DATE: 02-12-2019 TVK
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HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.24517 of 2019
Date: 02.12.2019
tvk
3 issues framed by the court
Whether a village incorporated into a scheduled taluk after the President's notification but before the notification was issued constitutes a scheduled area.
Whether notices issued by Revenue authorities invoking Scheduled Areas Land Transfer Regulations are valid for villages falling within President-notified scheduled taluks.
Whether the writ petition challenging the notice requires consideration by this Court.
Colour shows how this judgement treated each authority
Mandava Rama Krishna and others Vs State of Andhra PradeshFollowed¶20
Mandava Rama Krishna and others Vs State of Andhra Pradesh 2014(5) ALD 181
Katta Nageshwar Rao v. The State of TelanganaFollowed¶37
Katta Nageshwar Rao v. The State of Telangana
1 provisions across 1 enactments
V. Babu Rao
The State of Telangana
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
