West Godavari is the smallest Agency area in Andhra Pradesh comprising of only 3 mandals. These mandals are a part of Kovvur Revenue Division which includes 18 mandals (15 are non-tribal). As a result the 3 tribal mandals do not receive the quality of attention that is given by a sub-collector. The Project Officer of Tribal Welfare is also not from the IAS cadre. His role is also confined to development and does not encompass land issues. The non-tribals adopted the strategy of obtaining stay orders from various courts and thereby virtually stalling the process of disputed land identification and distribution. Even where District administration had clearly found that land was occupied without title by non-tribals, stay orders were obtained from the High Court on frivolous grounds to prevent further action. |
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AWAKENING AMONG TRIBALS IN AGENCY TRACTS |
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From Our Staff Reporter |
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Tribals for eviction of encroachers |
- C. Lokeswara Rao |
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Eluru: Ferment is brewing in the Koya tribal belt in the uplands of West Godavari district over the primordial issue of land Girijans in six villages of Polavaram, Jeelugumilli and Manugopala mandals have been refusing to allow non-tribal farmers access to their fields over the last six months. |
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DISTRICT COLLECTOR REPORT TO GOVERNMENT |
- July 1996 |
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he main reasons for the disputes between tribals and non-tribals in Agency area are categorised as follows: |
Tribal, non-tribal ties worsen |
- By C.Lokeswar Rao |
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Hyderabad: Gutting of the mandal revenue office (M.R.O) at Jangareddygudem by non-tribal farmers and an attack by tribals in Busarajupalli on a local leader, K.Rambabu, indicate that the administration in West Godavari district is hoist with a grave situation in the agency areas like Jangareddygudem, Jeelugumilli, Busarajupalli, Buttaigudem on a Polavaram where skirmishes have been fought over the last 16 months between tribals and non-tribals over the primordial issue of land. |
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Saying boo to the babus |
- By C.Lokeswara Rao. |
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Recent goings on in the tribal tract of West Godavari district can be viewed as a classic case of the lower rungs of administration at the grassroots level doing things their way in handling the confrontation between tribals and non-tribals over land, saying boo to the thinking of the Andhra Pradesh government as expressed in important documents like a note prepared by the chief secretary for an all-party meeting. |
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Selective sloth |
- News Time Tuesday September 19 2000 |
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The background to an order issued by the Andhra Pradesh High Court recently about a petition filed by a woman activist fighting for tribal land is typical of the tawdry progress in protecting the interests of indigenous people. Justice B Sudershan Reddy issued an interim directive to the Assistant Director, Survey and Land Records of West Godavari district and the Mandal Revenue Officer of Jeelugumilli to provide the petitioner, T Krishnaveni, with the details of an enjoyment survey, title verification and details of patta lands as well as poramboku lands in occupation of non-tribals, and observed that the documents sought by the petitioner were public documents, not confidential or precluded information. The judge observed moreover that a district level committee where the petitioner first aired a demand for documents about lands in possession of non-tribals was constituted for the very purpose of ascertaining details of land in the occupation of non-tribals. The committee headed by the district collector had been formed on the basis of an earlier directive of the high court with the goal of resolving conflicts over tribal land, Krishnaveni complained in her petition that she was denied information essential for identifying land alienated in contravention of Agency regulations though the collector had directed the survey official and the MRO to provide her with such information. That is, the tribal woman had to secure an order from the high court to direct a couple of government officials to provide information they had collected in pursuit of the objective of settling disputes over land in Agency area after they failed to comply with similar instructions form the collector. Imagine what would happen if citizens had to move high court when officials did not comply with instruction given by the municipal commissioner, the police commissioner and so on. Or could it be that this is an instance of selective sloth, of things moving at a sluggish pace in matters concerning tribals who do not have clout. Krishnaveni also complained that activists were being advised not be impatient and threatened with police measures like Section 144 to suppress activities like holding meetings in pursuit of the land struggle. |
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HIGH COURT ALLOWED THE PROACTIVE ROLE OF SAKTI IN PURSUING THE CASES OF LAND RIGHTS: |
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Order in Writ Petition No: 22366 of 1996, 02-09-1996 "In the view of the matter, I hold that the petitioner-organisation is entitled to represent the cause of the tribals wherever and whenever it is necessary for safeguarding the interests of the tribals. Accordingly, the respondent is directed to permit the petitioner-organisation to represent the cause of the tribals either individually on collectively. When the petitioner-organisation makes any submission or representation, the respondent shall take note of the name and decide the issue of granting of patta according to law keeping in view the representation of the petitioner. The respondent shall also provide the necessary information to the petitioner-organisation relating to granting of pattas so as to protect the interests of the tribals." |
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TRIBALS’ FIGHT FOR THEIR LAND |
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FACT, FICTION AND FIRST INFORMATION REPORTS The non-tribal farmers’ association has been emboldened to complain that if the police had been stern from the beginning, things would not have come to such a pass. Let us remind ourselves that the tribal unrest of West Godavari is being led, not by the Naxalites or any violent group but by an entirely law abiding voluntary organisation ‘Sakti’. Can one hope that sense will prevail somewhere in the official hierarchy concerned with the welfare of tribals and the tribal unrest will be met with justice and not further threats of ‘stern’ action and police cases? K Balagopal - DECCAN CHRONICLE MONDAY MAY 5 1997 |
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- The Hindu May 3, 1997 By R.J.Rajendra Prasad TRIBALS holding a police party hostage for a day to prevent the arrest of their chieftain and others - injuring five persons with bows and arrows during a clash - may sound like a tale from the pre independence days. But this is what happened recently in the villages of Polavaram. Jeelugumilli and Buttayagudem mandals of West Godavari in Andhra Pradesh. The Koya tribesmen are resisting the harvesting of their crops by non-tribals, demanding that the Land Transfer Regulation 1 of 1970 (which prohibits the transfer of ownership of land in the Agency areas except to a tribal) be enforced to letter and in spirit. The situation in West Godavari district has become tense because of the intervention by a non-government organisation (NGO) called SAKTI, which has been active in the area for the past three years. The 10 social activists working for SAKTI are Koya tribesmen themselves, and they have succeeded in making the tribal families aware of the regulations in force in their favour. The Director, Dr.P.Sivaramakrishna, who took his doctorate degree on the theme of tribal folk songs, got the land record of 1932, when the last survey and settlement was done, partaining to the Scheduled Areas of the distrct. His team goes to the villages reading the names of the owners of the land under survey numbers that can be identified today, and the tribals have become aware that their grandfathers owned the land after all and that now they have the right of ownership. The Koya tribals have become bold after three years of a sustained struggle, having realised that the law is in their favour. But the absence of any NGO working in their areas perhaps explains why the Scheduled Areas of Adilabad. Karimnagar, Warangal, Khammam and Visakhapatnam are quiet today." |
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"the administration is not finding it easy to meet the challenging situation in the area and unless what is in existence presently between the tribals and non-tribals in the area is tackled with care and perceived as a socio-economic problem, there is a risk of collapse of the administrative machinery in the area...." (Judgement in WP No.14516 of 1997). -Chief Justice P.S.Misra,, High Court of A.P. |
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Readers will remember the cases of MROs and Sub-Inspectors being kidnapped by tribals, crops harvested by them, police shooting at tribals. Bows, arrows and spears - reminiscent of the great Rampa revolt, were again freely used. But this time, the might of the State represented by its gun-trotting police, their dreaded lock-ups, the rigmarole of court proceedings and the doubletalking politicians could not cow the tribals down. The help given by SAKTI in reading the records, analysing the documents, legal help to get bail and fight court cases, was enough to tip the balance. - Geetha Ramaswamy : Deccan Chronical July 23, 2000 |
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THE INDIFFERENCE OF "It is unfortunate that this matter has been dealt with as an issue concerning police alone. The very fact that there have been such a large number of 118 cases booked, all apparently against 2175 tribals shows that there is something wrong about the approach of the Government and its agencies". "It is noted that the representation to NHRC from SAKTI is dated June 1997 and the report of the SP is of June 1998. The criminal cases pertain to 1996 and 1997. The present letter has been addressed to us in July 2001. As we are now in August 2001, i.e., more than four years since the original complaint was made, the ground level situation must be different now for better or worse. The only advice that can be offered therefore, apart from the above comments, is that the Commission may without any loss of further time": request a special officer of the Commission to visit the area and make a detailed inquiry summoning the District Collector and the SP and examining all records. resolve the land problems according to the Regulation and the judgment of the Andhra Pradesh High Court. direct action against officials and others who have been found on inquiry to have harassed tribals for agitating for their legal rights. Sri S.R.Sankaran, responding to the reference of |
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TRIBAL AND LAND ALIENATION |
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The state responds to the problems only in ad hoc way. Whenever there is an uprising, either free laws are passed or now committee are formed to deal with the issue. Thus, when the situation became tense in 1997 in this area, a meeting was convened involving officials of the revenue, social welfare and tribal departments. This meeting is significant since a member of organisation called Sakthi which has been involved in struggles of tribals, was also invited. The meeting resulted in a fresh batch of guidelines to resolve the land issue between the tribals and non-tribals. -Vasudha N., Advocate based at Hyderabad, Indian Express, May 27 1999. |
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MINUTES OF THE MEETING ON CONDUCT OF SURVEY |
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A meeting to discuss the modalities of the verification process to be carried oujt in the agency area of West Godavari district was convened on 22nd October, 1997 at 4.00 p.m in the chambers of the Principal Secretary (SW), Government of A.P., Hyderabad.
The Principal Secretary (SW) invited Mr. Sivaramakrishna to express his opinion on the conduct of verification work. Sri. Sivarama krishna opined that his organisation had partial information which could be supplementary to the official records and the main responsibility of providing information had to be shouldered by the Government. He agreed, in general, with the paper presented by the Project Officer, I.T.D.A. The members deliberated at length as to how to handle a situation where no land might actually come to tribals in a particular village. The Principal Secretary, Revenue desired that it should not become a mere justification exercise for the possession of land by non-tribals. It was decided that SAKTI shall immediately start preparing the tribals for the verification process. Finally it was decided that Project Officer shall write, along with Sivaramakrishna, a note incorporating all the issues discussed in the meeting, specifying the role of all officials / non-officials for perusal of the Principal Secretary, Social Welfare. The Principal Secretary, Social Welfare thanked everybody for attending the meeting. |
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"The village (Panduvarigudem) appeared empowered in terms of understanding the revenue maps and the status of their land. Some youth, including women, demonstrated as to how to read the map and identify their lands through maps. They informed the review team that they could deal with the MROs (Mandal Revenue Officers) and collectors due to their thorough understanding about the status of lands. Women were in the forefront here too. When enquired as to why so many women were in the forefront, we were informed by women that their men folk indulged in drinking and wasting away their time, besides being irresponsible enough to sell their land. Women therefore demanded to be the owners of the land. They also informed that they had collectively built enough clout to take on men who indulged in wife beating". - A visitor – November 22, 2002. |
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TRIBALS TRAINED IN LAND SURVEY |
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-The Hindu, Tuesday, April 6, 1999 "The teams (of tribal youth) have detected several "errors" in the official records given to them under the direction of the High Court. As per the records, Tellam Ademma, a tribal is the owner and cultivator of the land measuring 6.37 acres in Survey No. 32. The actual position is that Ademma’s family had cultivated only 1.37 acres while the remaining 5 acres was under the enjoyment of one Mr. M. Venkat Reddy and his brothers." "Out of 26 people trained (by SAKTI) from a dozen villages, 15 learned skills to read village land maps, adangal, field measurement book, and Resurvey Register and can locate the targeted plot in the field. The next step they plan is to decipher title deeds." |
LAND SURVEY PUT OFF AS CPI (M) SEEKS TIME |
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- The Hindu, September 24, 1998 By Our Staff Reporter ELURU, Sept.23 The verification of land ownership in the agency villages did not make much headway on the first day on Wednesday at Doramamidi in Buttayagudem mandal with the CPI (M) leaders seeking more time for perusal of land records. The CPI(M) was found seriously handicapped by not having the support of technical people who could help them in probing the Land Transfer Regulation violatioins and irregularities in issuing of settlement pattas. Instead, the leaders sought physical verification of the entire land which would yield nothing to the tribals except small variations in measurement and benami holdings. The leaders had failed to question the process of settlement and bring to light the violations with proof. |
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COPS HOUND GUTSY TRIBAL WOMAN |
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- Deccan Chronicle, Dt.16-11-2000 From GITA RAMASWAMY Eluru Nov.15: Three months ago, Tellam Krishnaveni, a Koya woman from Darbhagudem in Jeelugumilli mandal in West Godavari district, came to Hyderabad. Four years of unceasing struggle to retrieve the hereditary lands of her forefathers from plains settlers had brought her to the High Court. All she asked for was access to the revenue records of her village - the records that indicate whose land is being cultivated by whom and why, whether lands have been transferred and how, etc. On August 23, 2000, Justice B Sudarshan Reddy granted her access to the records, and directed the District Collector and her subordinate officials to supply her the documents within two weeks. All Krishnaveni has received is a photostat of the unauthenticated, scribbled, indecipherable notes of a village patwari. Collector Poonam Malakondiah has refused to give any interview to any adivasi representative. Krishnaveni is on the run from village to village - evading the dragnet of the police. Police have filed seven cases against her, including for murder. Along with 20 other Koya women and 530 men, all except one, Koyas, she is charged with murdering a plains landlord far away from her village. Three of the cases are filed from distant villages, the usual ploy being to file a complaint against a few accused and a few hundred ‘others’. All inconvenient people like Krishnaveni come under this comfortable category of ‘others’. On October 2, Krishnaveni’s home was raided by 200 policemen led by the DSP himself. They smashed her TV set, poured kerosene into the rice and sugar rations, burnt the family’s clothes, tore up the schoolbooks of her children and her Dwcra records (Krishnaveni is the leader of the local Dwcra group), asking for the munda who had the guts to approach higher authorities. No one else’s house was touched. What has this petite 35 year old woman done to have had her photographs blown up and pasted at all police stations and in town centres? She is happily married with two school-going children. As a rare Koya woman having studied up to 5th standard, she was selected Dwcra group leader in 1994. Since then there has been no looking back. When the adivasi unrest over the occupation of their lands by plains settler-landlords picked up momentum in 1995-96, her village Darbhagudem with 3.358.49 acre of land under non-tribals occupation was one of the first to engage with the issue. Krishnaveni is full of hope. " The courts have ruled in our favour. The law is on our side. Our names are in the records. We have the courage to fight to the end. We will definitely and certainly win." Such an expression of hope from the representative of a people who have been sidelined by all State institutions despite a plethora of protective legislations, by all political parties and by virtually all civil society organisations, is significant. |
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TRIBAL LAND IN TURMOIL |
- Deccan Herald - Sunday Spotlight - May, 18th 1997 R.Akhileswari, Hyderabad. Payam Gangamma of Busarajupalli village of Buttayagudem mandal was one of the 114 tribals arrested in August last when a violent confrontation took place between tribals and non-tribals near her village. "We will go to jail again and again. We are not afraid any more", she told Sunday Spotlight which toured the troubled mandals recently, after incarceration in Rajahmundry jail the neighboring East Godavari District. Women who have been in forefront of the struggle have been particularly targeted by the police to demoralise them. They have beaten up, threatened with rape, abused in vile language, dragged out of their huts to be bundled into waiting police vans and dumped in the jail. Tellam Krishnaveni of Patachimalavarigudem was jailed for 22 days for standing up to the police. Police raided her house, took away Rs. 4015/- she had collected as leader of the self-help group of women sponsored by the central government, and beat her up black and blue. Mudiyam Bangaramma of Tatiakulagudem was wearing her sari after a bath when police barged in, dragged her half-dressed and dumped in a police van. In the melee, she cried out for a sari and a girl hearing her screams brought her a sari which she remained for a month in jail. A series of police raids on tribals last month saw several villages empty as the tribals stated in fields and forests to escape the police wrath. Section 144 has been in force in the area for the past 15 months in view of the volatile situations. |
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Latest Reports A ‘MOVEMENT’ FOR PEACE IN AGENCY |
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-The Hindu, September 30, 2002 By Our Staff Reporter ELURU, SEPT.29. In a bid to buy peace with adivasis, non-tribals hae launched a ‘bhoodan movement’ in the agency villages of West Godavari district under the aegis of the police. The movement seems to have all the trappings of the one promoted by Vinobha Bhave with an objective to bringing about ‘parivartan’ (change) among landlords. Even as the police claim that the movement was evoking good response from both tribals and non-tribals, the revenue authorities are questioning such gesture without going into the legal status of the lands being relinquished by non-tribals. Meanwhile, the SP undertook a counseling by appealing to both adivasis and non-tribals to wean themselves away from internecine fights for land. In this connection, he offered to lift 66 cases involving nearly 300 people, mostly from the tribals. The nature of cases included attempt to murder, abduction of public servants etc. Dharbhagudem seemed to have been chosen for counseling by the police for the reason that it was once an epicentre for a bloody land struggle, spearheaded by ‘Shakti’, a non-governmental organisation. |
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Note on SLP arising out of Judgment |
The Agency Laws in the State of A.P. had a long history. There were separate laws for Andhra Area and Telangana Area respectively. So far as Andhra area is concerned, under section 7 of the Agency Tracts Interest and Lands Transfer Act, 1917. Rules were framed regulating the Transfer of Land in the Agency Tracts of Ganjam. Vizagapatnam and Godavari Districts. The Agency Land in the West Godavari District is governed by the said Rules till a comprehensive legislation called, A.P. Scheduled Areas Land Transfers Regulation. 1959 was enacted. The validity of the said Legislation was upheld in the decision reported in AIR 1988 SC 1626. However, it was held in the decision reported in AIR 1996 SC 224, it was held that the said Legislation, as amended by Regulation 1 of 1970, is prospective in operation. Under Sub-Section 2(a) of Section 3, Power is given to the Agent/Agency Divisional Officer/or any other prescribed officer to take up suo motu any transfer of immovable property in contravention of the provisions of the Act. Broadly, there are three types of classes of land in Agency Areas of West Godavari District viz., (1) land belonging to the Tribals succeeded by them through their forefathers (2) the land under the erstwhile Estates which were abolished after the Constitution came into force and (3) other lands held by the Government. In all these three types of lands if any transfer takes place in contravention of the provisions of the Act, the other authorities can exercise their suo motu power. SAKTI, a voluntary organisation is working in the Agency Area of Andhra Pradesh including the are in West Godavari District. During the course of its work, it came to know that this suo motu power exercised by the authorities is helping the non tribals in an indirect manner. For example the authorities take up suo motu proceedings against the non tribals and closing those cases either overlooking the provisions of the Regulation or non application of mind to the facts of the case. The Tribals, due to their ignorance are not filing appeals in respect of tribal lands and the Government due to its lethargy is not following up the cases by filing appeals. It is resulting in the settlement of non tribals in the agency areas contrary to the spirit of the enactments since 1917 and also giving legitimacy to their rights over the land. In order to curb this practice the voluntary organisations filed the above W.P. No. 18347 of 2000 seeking a direction from the Hon’ble High Court to the Government to pursue the cases closed by the Primary Authority who has taken up suo motu proceedings, by filing appeals where genuine reasons exist for pursuing them in appeal and, infact, the organisations volunteered to cooperate with the Government. But it was turned down holding that it is for the persons aggrieved to prefer an appeal or not to do so totally dis-regarding the propose and concept behind the legislations and the Administration or Scheduled areas. The Court merely upheld the general principles applicable to the suo motu proceedings but has not seen the purpose and intent of the legislation. In this factual background, the above case is recommended for filing Special Leave Petition before the Hon’ble Supreme Court. The papers filed before the Hon’ble High Court of A.P. along with a copy of the Regulations and Order are enclosed herewith. |
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Note on the documents in S.R.No. 293/93: |
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Ex.R1 Agreement was executed on 30.9.1968 by Nukala Govinda Rao in favour of G.Venkata Ratnam on a stamp paper worth Rs. 10/-. The document is insufficient stamped. The document does not contain the particulars of the sale deed by Dakarapu Seethamma in favour of Nuka Govinda Rao alleged to have taken place on 5.6.68. On the other hand Ex.R4. E.C.No. 1134 of 93 discloses that the document bearing No.704/68 was executed by Dakarapu Seethamma, Durgamma. Rama Rao, in favour of N.Govinda Rao on 5.6.68. The relationship of those persons (Vendors) to the pattedar Maddisetti Ramana whose name figures in Ex. R2 is not established. Further, Ex.R4 contains several other transactions on 2.9.68, 2-12-86 and 17.10.1992 in Column No.3 which were not taken note by the Special Deputy Collector in S.R.No.293/93. It is not known why Ex.R5 and R6 which are of the year 1991-92 continues to reflect the name of respondents in 1968 itself. These material facts have not been taken note by the Special Deputy Collctor while deciding S.R.No. 293 of 1993 and they were purposely ignored. As a result no appeal was filed against the said Order and the said Order has become final indirectly giving legal title to the land which the Vendee/Respondent Gade Venkata Ratnam does not possess. |
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K.SUKUMARAN Date: 17.02.2001. My Dear Ramalingeswara Rao, I refer to your letter dated 12.01.2001 and enclosures thereto. I have studied the papers carefully. I feel that Sakti has done yeomen service for the cause of the Tribals. The High Court of Andhra Pradesh has taken very narrow view of the liberal scheme of the Constitution of India which has given great emphasis on the protection weakest sections in the society. The Directive Principles of State Policy also loudly proclaim that objective. It may be necessary to demonstrate the patent illegality through production of typical order of the Special Tahsildar, by producing a copy of it along with a separate petition for prosecution of the additional document. Whether, in a case where High Court has already exercised its discretion, the jurisdiction of the Supreme Court under the Article 136 should be invoked, is a question likely to be posed by the Court. If, however, ground realities are noticed, the Court can, and in the present circumstances ought to, direct the State and its authorities in whom statutory powers are conferred on trust, to scrutinise the matters carefully. The order of the High Court does not even attempt to do so. As you have correctly pointed out the attitude may be justified with reference to proceeding relating to the general litigations. There is, however, substantial difference in the cause, that is now sought to be espoused by an organisation which has established its credibility, as detailed in the Writ Petition. The Special Leave Petition has been settled by me, for being filed in the Supreme Court. I feel that the matter should be also placed before President of India, who is the constitutional custodian of the interests of the Tribals. That can be pursued independently of the Special Leave Petition. I would personally like to visit one such Tribal area in the Godavari belt, whenever I could spare some time from the pressures of the professional work in the Supreme Court. Perhaps, during one of the trips to Hyderabad. With warm regards, Yours sincerely, (JUSTICE K. SUKUMARAN). To A. Ramalingeswara Rao, B.Com., LL.M., P.S.: I met many retired District Judges From Hyderabad in connection with hearing of Cases relating to Shetty Commission Recommendation. |
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NON-TRIBAL RYOTS GET RELIEF - THE HINDU, Friday, April 7, 2000. By our Staff Reporter. ELURU, APRIL 6. Non-tribal farmers received substantial relief from the judgment given by the High Court on land disputes recently. A bench comprising the Chief Justice, Mr. Justice Manmohan Singh Liberhan, and Mr. Justice R. Ramanujam, stayed the orders of the single judge, Mr. Justice Swamy, who in his earlier order appointed a court commissioner to oversee the implementation of tribal law. A non-tribal farmer, Mr. P. Srihari, challenged the appointment of the court commissioner (a retired district judge) on the ground that they had been subjected to harassment by repetition of title verification process. In another order, a bench comprising Mr. Justice Ghulam Mohammad, assailed the decision of the Mandal Revenue Officer to reopen the cases already disposed of by the Special Deputy Collector, who is superior to him. Responding to the petition filed by Mrs. Gadde Hymavathi, a non-tribal land owner, the court held that the officer had no power to review the order of the quasi-judicial authority passed in 1992. The court made an important observation that the authorities could not go in appeal in the upper court (agent’s court) now because of lapse of long time. The decision of the High Court would curtail the freedom of the revenue authorities now to file cases indiscriminately against non-tribals to prove their ownership. If the land happened to be reviewed by the Special Deputy Collector earlier, fresh cases could not be filed now or could not be appealed in the upper court if the time lapse is more. |
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