GUDLA SATYANARAYANA Vs. SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE
LAWS(APH)-1971-12-6
HIGH COURT OF ANDHRA PRADESH
Decided on December 10,1971

GUDLA SATYANARAYANA Appellant
VERSUS
SPECIAL DEPUTY COLLECTOR, TRIBAL WELFARE Respondents

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.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.