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2001 DIGILAW 344 (AP)

Bandaru Chinasurayya v. Union Of India

2001-03-29

S.B.SINHA, V.V.S.RAO

body2001
ORDER : S.B. Sinha, J. The writ petitioner in this writ application inter alia prayed for the following relief. To issue order, direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not passing orders on the representation filed by the petitioner on 26-12-1997 as being violative of Article 14 of the Constitution of India and consequently direct the respondent Nos.3 and 4 not to initiate the proceedings under Regulation 1 of 1970 insofar as the petitioner's land' situated in Survey Nos.154, 155 in an extent of Acs.13.35 of Ganapavaram village, Buttaigudem Mandal of West Godavari District and to pass such further order or orders as are necessary in the interest of justice. 2. The main grievance of the petitioner appears to be that certain villages had wrongly been included in the agency area. 3. The matter came up for consideration before a Division Bench of this Court in W.P. No.7337 of 1992 and batch and the Division Bench inter alia directed as under: If the petitioners so wish, they may make representation to the Governor with all relevant material and this Court hopes and trusts that the Governor will look into that representation along with the relevant material which may be submitted along with the representation and then take a decision accordingly either to report to the President or not with regard to the plea of the petitioners for deletion of the named villages from the purview of the scheduled areas. The petitioners may avail of one month's period from the date of receipt of a copy of this order for making such representation and having regard to the fact that there is unrest in the areas concerned and also law and order problem, the representation may be considered by the Governor as expeditiously as possible and preferably within a period of four months from the date of submission of such a representation. 4. The Division Bench, further observed as under: The Governor of each State having scheduled areas therein shall annually or whenever so required by the President has to make a report to the President regarding the administration of scheduled areas in that State and the executive power of the Union extends to giving of directions to the State as to the administration of the said area. Thus, it is clear from the Fifth Schedule that while the primary authority is the Governor of the State, the ultimate authority in para 6 to determine as to the scheduled areas vests in the President and it is the President who can direct that the whole or any i specified part of scheduled area shall cease to be a scheduled area or a part of such area, and can also increase the area of the scheduled area in a State. The exercise of such power of deletion of a particular area/s from the scheduled area/s initially starts from the Governor and it is ultimately the President to take decision with regard to reduction in the scheduled area by deleting some areas therefrom. 5. The amendment to Regulation 1 of 1970 having been issued by the Governor in exercise of power conferred upon him under Article 244 read with Fifth Schedule of the Constitution of India is a piece of Legislation. It is only for the appropriate authority to amend the Legislation and it is not for this Court to exercise its jurisdiction under Article 226 of the Constitution of India to issue a writ in the nature of Mandamus directing amendment thereto. No writ in the nature of Mandamus can be issued by this Court in a case of this nature. 6. In this view of the matter, we are of the opinion that the Writ Application is not maintainable and it is accordingly dismissed.