GUDLA SATYANARAYANA Vs. SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE
HIGH COURT OF ANDHRA PRADESH
SPECIAL DEPUTY COLLECTOR, TRIBAL WELFARE
Click here to view full judgement.
(1.) The first respondent in these writ petitions is the Special
Deputy Collector, Tribal Welfare, hiving his head quarters at a place
called Elwinpeta, in Snkakulam District. The second respondent is
the Revenue Divisional Officer and Sub Collector, Parvathipuram and
the third respondent is the Agent to the Government in the District of
Srikakulam. The writ petitions relate to the validity of certain proceedings initiated
under Andhra Pradesh Regulation No. 1 of 1950.
(2.) That Regulation (The Andhra Pradesh Scheduled Areas Land Transfer
Regulation 1959) came into force on March 4, 1959. The object is to
regulate the transfers of land in the Scheduled Areas of the Districts of
East Godavari, West Godavari, Visakhapatnam and Srikakulam
Certain other areas in the districts of Adilabad, Warangal, Khammam
and Mahboobnagar were also brought within the purview of this Regulation with effect from December, 1, 1963.
(3.) Article 224 of the Constitution of India provides that the provisions of the
Fifth Schedule shall apply to the administration and
control ofs the Scheduled Areas and Scheduled Tribes in any State of
the Union other than the State of Assam. Under the Fifth Schedule
provisions are made as. to the Administration and Control of Scheduled
Areas and Scheduled Tribes Section 5 of the Fifth Schedule empowers the Governor
by public notification to direct that any particular Act-of Parliament, or the Legislature of the State shall not apply
to a Scheduled Area or any part thereof or, that it shall apply to a Scheduled Areai or
any part thereof, subject to such exceptions and modifications as he may specify. Sub Section (2) of Section 5 of the Fifth
Schedule confers on the Governor the power to make regulations for
the peace and good Government of any area in a State which is for the
time being a Scheduled Area. The power so conferred to make regulations extends to
the prohibition or restriction of the transfer of land
by or among the members qf the Scheduled Tribes in a Scheduled
Area. It is pursuant to this power that Regulation 1 of 1959 was made.
The affidavit filed on behalf of the petitioners in writ petition
No, 4384 of 1969 states inter alia that the petitioners are owners of
ryoti lands situated in the erstwhile estates of Kurupam and Vizianagaram.
The averments in this writ petition are typical of the averments made in the
other writ petitions included in this, group of petitions in all of which the identical
controversy arise for determination.;
Copyright © Regent Computronics Pvt.Ltd.