Pusuluri Srihari v. Shakti, Voluntary Social Organization
2001-04-27
B.SUBHASHAN REDDY, S.B.SINHA
body2001
DigiLaw.ai
B. SUBHASHAN REDDY, J. ( 1 ) THIS writ appeal is preferred against the order dated 24-1-2000 passed by a learned single judge of this Court in WP No. 7916 of 1997. ( 2 ) THE said writ petition has been entertained as a public interest litigation and the respondents are - Chief Secretary to government, Principal Secretary, Social welfare Department, Director General of state of Andhra Pradesh, District Collector and Superintendent of Police of West godavari District and five other private parties, who were impleaded as per the Court order dated 2. 5. 1997 passed in WP MP no. 12048 of 1997. Among the writ petitioners, first petitioner is SAKTI said to be a non-profit voluntary Social Organisation and Petitioner No. 2 is its Director and the 3rd petitioner is the wife of the 2nd petitioner and is also an active participant in the 1st petitioner-Organisation. ( 3 ) THE cause sought to be espoused by the writ petitioners is that lot of injustice is being done to the tribals in the scheduled areas and that they are not getting their due and as such, this Court under Article 226 of the Constitution of India should remedy the situation. They sought for two prayers, viz. , (i) to declare that the various actions of the respondents including filing of false criminal cases against the writ petitions amounts to interference with the fundamental rights of the writ petitioners guaranteed under Article 19 (l) (a) to (c) of the Constitution and consequently, restrain the respondents from interfering with the lawful activities of the writ petitioners; and (ii) to direct respondents 1, 2, and 4, namely, chief Secretary to Government, Principal secretary, Social Welfare Department of government of Andhra Pradesh and District collector, West Godavari District, to take effective steps for distribution of land mentioned in Annexure VI to the writ petition to the tribals in Jeelugumilli, buttaigudem and Polavaram Mandals of west Godavari District. ( 4 ) PENDING disposal of the writ petition to adjudicate on the above reliefs, the petitioners had sought for interim orders in wp MP Nos. 9649, 9650 and 12049 of 1997. In WP MP No. 9649 of 1997 directions were sought for against the respondents to give adequate security to the lives of the writ petitioners pending disposal of the writ petition.
9649, 9650 and 12049 of 1997. In WP MP No. 9649 of 1997 directions were sought for against the respondents to give adequate security to the lives of the writ petitioners pending disposal of the writ petition. In WP MP No. 9650 of 1997 directions were sought for to appoint an independent committee to study the actual situation of land problems in the said three mandals and submit the same to the Court for issuing appropriate directions, pending disposal of the writ petition. In WP MP no. 12049 of 1997 restraint orders have been sought for from interfering with the possession and enjoyment of the tribals and also restrain others from inciting the tribals to destroy and loot the properties of the non-tribals with further directions to the police and other officials of the State Government to take appropriate action against the crimes committed or instigated, pending disposal of the writ petition. ( 5 ) BY order dated 2. 5. 1997 the learned single Judge had appointed the Secretary, a. P. State Legal Services Authority, as a duty Counsel to visit the 3 Mandals named above and submit a report on the following aspects:" (1) The measures taken by the Government for implementation of the provisions of regulation 1 of 1959 as amended by regulation 1 of 1970 from the date of regulations came into force. (2) The survey operations said to have been conducted by the Special Deputy collector (Tribal Welfare) pursuant to the fax Message dated 6. 1. 1997 and submit a report with reference to the objections raised by the tribals or their representatives on the survey operations conducted so far and whether they were conducted in accordance with the provisions of A. P. Survey and settlement Act read with Regulation 2 of 1970. "the Duty Counsel was given liberty to get the assistance from the people in executing the warrant. It is apt to extract the concluding portion of the composite order passed in all wpmps.
"the Duty Counsel was given liberty to get the assistance from the people in executing the warrant. It is apt to extract the concluding portion of the composite order passed in all wpmps. "the Deputy Counsel should also submit a report about the lawlessness that is prevailing in these areas and at whose instance this situation has arisen and the role played by the police in maintaining the law and order in the area and whether the Sakti Organisation, the petitioner in this writ petition is conducting the agitation in a peaceful and democratic manner or whether the activities of this organisation are in any way objectionable and fall under any of the provisions of the indian Penal Code and who are really instigating the people of the areas to resort to violence. The Deputy Counsel shall submit his report by July 7,1997 and the Chairman, a. P. Legal Services Authority may place the required monies at the disposal of the deputy Counsel to execute the warrant. In the note prepared for the meeting of the representatives of the political parties, it is seen that the Government issued G. O. Ms. No. 661, Revenue, dated 9. 8. 1996 establishing a settlement Court at Kowur for speedy disposal of pending settlement cases. When the very dispute whether the land belongs to a tribal or a non-tribal is in dispute, I do not know how the Government can constitute the Court at this juncture under the guise of attending to the genuine grievances of the tribals. Hence, a direction is given to the settlement court not to take up any matter until further orders are passed by this Court. It is now on record that way back on 4. 3. 1997 the District Collector was transferred and the district is functioning only with the in charge collector. The Government shall appoint the District Collector forthwith without any further loss of time. The Collector on assumptions of charge shall render necessary assistance to the Deputy Counsel in executing the warrant issued by this Court. About the conduct of the Additional superintendent of Police and Deputy superintendent of Police, there are claims and counter claims in discharge of their duties dispassionately and impartially.
The Collector on assumptions of charge shall render necessary assistance to the Deputy Counsel in executing the warrant issued by this Court. About the conduct of the Additional superintendent of Police and Deputy superintendent of Police, there are claims and counter claims in discharge of their duties dispassionately and impartially. Keeping the well known proverb in mind that justice is not only done, but it seems to be done, I feel that these two officers should be shifted and in their place, new officers may be posted. The newly posted officers shall ensure that the lands which are in possession of the non-tribals as on today shall not be neither harvested nor taken away by the tribals and the ostensible owners may be permitted to take the crop and enjoy the same till the dispute is settled. If it is needed, the Government shall provide necessary police assistance to restore law and order forthwith. " ( 6 ) THE said order of the learned single judge was challenged in WA Nos. 496 and 503/97 and by order dated 13. 5. 1997 a division Bench of this Court to which one of us (B. Subhashan Reddy, J) is a party has set aside that order. ( 7 ) IT is stated that C. C. No. 1381 of 1997 has been filed complaining of non-compliance of the directions granted by the court and the Court while disposing of the contempt case gave some guidelines. On the ground that the said guidelines were not followed, the order dated 24. 2. 1998 was passed in the said writ petition, which reads:"this Court intends to know how the order of this Court is going to be implemented by the officers concerned before passing final order. "thereafter, on 24. 1. 2000, the order under appeal has been passed. ( 8 ) LEARNED Counsel for the appellant submits that this Court cannot exercise this kind of jurisdiction which are the functions of the statutory authorities and issue directions and then monitor compliance of the said directions. By this, the learned counsel submits that there is an encroachment on the functions of the statutory authorities and the High Court sitting under Article 226 of the Constitution of India cannot issue this kind of directions and then monitor day to day administration of the tribal areas mentioned above.
By this, the learned counsel submits that there is an encroachment on the functions of the statutory authorities and the High Court sitting under Article 226 of the Constitution of India cannot issue this kind of directions and then monitor day to day administration of the tribal areas mentioned above. ( 9 ) LEARNED single Judge wanted (i) that the entire process of implementing the scheduled Areas Land Transfer Regulations should be under the supervision of a district Level Committee headed by the district Collector, representatives of Non-Governmental organisations and political parties preceded by the preliminary verification work by the Village Development committee, (ii) the Village Level Committee was directed to maintain the Minute Book for each of 101 villages recording the work done and the decisions taken by the Village level Committee, (iii) survey operations had to be conducted and thereafter the claims of the parties with reference to survey conducted in 1917 and 1933 was to be examined, and (iv) village maps to be prepared by the Village Level Committees and after publication of maps, the District level Committee has to make available the records for inspection by the rival claimants as well as the representatives of the NGOs and after scrutiny of the said objections, to fix-up the dates by the District Level committee for sending verification teams after giving wide publicity in vernacular papers and also by tom tom in the village and proceed further to settle the claims. ( 10 ) THE above directions relate to the land situated in the schedule areas. ( 11 ) WITH regard to the estate village consequent to the abolition of estates, the learned Judge had directed the Settlement officer to reopen all the pattas that were granted previously and after giving opportunity to patta holders, pass orders regarding their entitlement for pattas vis-avis the regulations. The learned Judge also directed the District Level Committee to go through the cases disposed of by the settlement Officer and if any order passed by him is not supported by necessary material, to set aside the same and by reopening the cases, remand them back to the Settlement Officer to dispose of the cases afresh in accordance with law.
The learned Judge also directed the District Level Committee to go through the cases disposed of by the settlement Officer and if any order passed by him is not supported by necessary material, to set aside the same and by reopening the cases, remand them back to the Settlement Officer to dispose of the cases afresh in accordance with law. The learned Judge has monitored as to whether his directions were complied with or not and was dissatisfied that revenue officials were not in a position to take up the work in right-earnestness and felt that instead of leaving the job of overseeing the implementation of the directions to the whims and fancies of the revenue officials of the district, he thought it is better to entrust the work of implementing the directions dated 2. 1,1998 to an independent officer uninfluenced by emotions and passions, which may ultimately give credibility to the whole exercise. The learned judge also felt that the reply to his suggestions from the Government side was lukewarm. Ultimately, the learned Judge held:"keeping the fact that these matters cannot be dragged on eternally without an amicable solution acceptable to all, I am inclined to appoint Sri K. Taranath, Retired District judge as Commissioner of the Court to see that the guidelines given by the Court are implemented in their true spirit. At the same time, the little work done by the department cannot be thrown out unless it comes to light that any injustice was done to either of the parties i. e. , tribals as well as non-tribals. Hence, I direct the Court Commissioner to go through the records prepared by the revenue Department in the presence of the members of the District Level Committee, and if he finds that the irregularities committed by the department are incurable, he shall re-visit the villages by giving advance notice to the villagers as well as the members of the Village Level Committee and complete the work as per the directions of this Court and action report may be filed in this Court. After completion of the scrutiny of the records prepared by the revenue officials, the Collector shall place required staff at the disposal of the Court Commissioner for carrying out the directions of this Court and to file an action report in the Court.
After completion of the scrutiny of the records prepared by the revenue officials, the Collector shall place required staff at the disposal of the Court Commissioner for carrying out the directions of this Court and to file an action report in the Court. Commissioner is given 6 months time to complete the entire process and it is also made clear that as and when he needs any direction from this Court, he shall approach this Court for effective implementation of the above directions. His fee is fixed at rs. 10,000/- (Rupees ten thousand only) per month and the Collector shall provide necessary accommodation, transport and boarding facility apart from paying honorarium of Rs. 10,000/- (Rupees ten thousand) every month till the completion of the work. With regard to the estate villages, the collector shall place the records of the settlement Officer where pattas were granted for examination by the District level Committee and wherever it is required, he shall draw up the minutes of the committee containing reason for reopening of the matter and forward the same to the Director. Likewise it is also open to the non-Governmental organisations or any interested party to bring to the notice of the commissioner the illegalities/irregularities committed by the Settlement Officer for grant of Ryotwari Patta, who in turn, shall look into the matter and pass appropriate orders, after hearing the concerned. Though I directed the agent to the government in the order dated 2. 1. 1998 to dispose of the appeals within 6 months, from annexure-IV to the status report it is seen that as many as 147 appeals are pending disposal on the file of the agent. The new district Collector shall see that the appeals are disposed of as expeditiously as possible, at any rate, not later 6 months from today. Lastly it is made clear, as stated supra, the revenue officials need not take up the cause of the tribals, if they are not satisfied with their claim with reference to the survey operations that were conducted in 1933. If any tribal is aggrieved by the decisions of the Village Level Committee/district Level committee, it is open to him to approach the special Deputy Collector on his own without the assistance of the Government and it is open to the Special Deputy Collector to pass appropriate orders on the basis of the documentary evidence produced by the said tribal.
If any tribal is aggrieved by the decisions of the Village Level Committee/district Level committee, it is open to him to approach the special Deputy Collector on his own without the assistance of the Government and it is open to the Special Deputy Collector to pass appropriate orders on the basis of the documentary evidence produced by the said tribal. At the same time, it is made clear that the Special Deputy Collector shall give top priority to the cases referred by the Village level Committee/district Level Committee and dispose of the same as expeditiously as possible. After disposal of these cases, he is at liberty to take up the claims of the tribals, but not early. After receipt of this order, the Court Commissioner shall inform the District Collector the date from which he intends to commence the work. Post the case for further orders on 7. 8. 2000. " ( 12 ) AS seen from the said order passed by the learned single Judge and directives issued, the Village Level Committees and district Level Committees were constituted and Non-Governmental organisations were directed to be involved in the enquiry proceedings for doing several acts mentioned in the order and also in the decision making process. All these directives of the learned single Judge are in the nature of running the administration, both on the executive side and also judicial side. The High Court sitting in its extra-ordinary jurisdiction under article 226 of the Constitution of India cannot have such powers to encroach upon the fields left for the executives and also statutory authorities discharging the judicial functions thus leading to infraction of article 50 of the Indian Constitution, which envisages separation of powers, both legislative, executive and judiciary. The power of judicial review conferred on High courts under Article 226 of the Constitution is special and extra-ordinary one to be invoked whenever there is an unconstitutionality in the legislative as also illegality in the executive act and either set aside, quash or correct the same. Further, such intervention by judicial review can only be in special cases and there cannot be any wholesale allegation non-compliance of the functions of the statutory authorities and monitoring the same by judicial action. There are several beneficial enactments to safeguard the interests of the Scheduled tribes. The following are the said enactments:1.
Further, such intervention by judicial review can only be in special cases and there cannot be any wholesale allegation non-compliance of the functions of the statutory authorities and monitoring the same by judicial action. There are several beneficial enactments to safeguard the interests of the Scheduled tribes. The following are the said enactments:1. The Scheduled Castes and Scheduled tribes Orders (Amendment) Act, 1976 (Act No. 108 of 1976 ). 2. The Scheduled Castes and Scheduled tribes Lists (Modification) Order, 1956. 3. The Scheduled Castes and Scheduled tribes Order (Amendment) Act, 1956 (Act 63 of 1956 ). 4. The Constitution (Scheduled Castes) order, 1950. 5. Fifth Schedule to the Constitution of India. 6. The Scheduled Areas (Part A States) order, 1950. 7. The Scheduled Areas (Part B States) order, 1950. 8. The Constitution (Scheduled Tribes) order, 1950. 9. The Madras Scheduled Areas (Cesses) order, 1951. 10. Sections 91 and 92 of the Government of india Act, 1935. 11. The Ganjam and Visakhapatnam Act, 1839. 12. The Andhra Pradesh Scheduled Districts act, 1874. 13. The Andhra Pradesh Agency Rules. 14. The Nugur, Albake and Cherla Laws and cesses Regulation, 1909. 15. The Agency Tracts Interest and Land transfer Act, 1917. 16. Rules under the Agency Tract Interest and Land Transfer Act, 1917. 17. The Andhra Pradesh (Andhra Scheduled areas) Village Courts Regulation, 1940. 18. The Andhra Pradesh (Andhra Area) agency Debt Bondage Abolition regulation, 1940. 19. The Andhra Pradesh (Andhra Scheduled areas) Court of Wards Regulation, 1940. 2o. The Andhra Pradesh (Andhra Scheduled areas) Guardians and Wards Regulation, 1940. 21. The Andhra Pradesh (Andhra Scheduled areas) Salt (Additional Duty) Regulation, 1942. 22. Andhra Pradesh (Andhra Scheduled areas) Post Office (Amendment) regulation, 1942. 23. THE Andhra Pradesh (Andhra Scheduled areas) Estates (Land Repealing) regulation, 1943. 24. THE Golgonda and Polavaram Taluks (Local Taxation and Fees) Regulation, 1943. 25. THE Andhra Pradesh (Scheduled Areas) agriculturists Relief (Amendment) regulation, 1944. 26. The Andhra Pradesh (Andhra Scheduled areas) Compulsory Vaccination regulation, 1952. 27. The Andhra Pradesh (Telangana Tribal areas) Regulation, 1359-F. 28. Notified Tribal Areas Rules, 1949. 29. The Andhra Pradesh (Andhra Scheduled areas) Validation of Succession certificates (Regulation) 1951. 30. The Scheduled Areas Estates Land reduction of Rent Amendment regulation, 1951. 31. The Andhra Pradesh (Andhra Scheduled areas) Estates (Abolition and Conversion into Ryotwari Regulation, 1951. 32. The Andhra Pradesh (Andhra Scheduled areas) Land Improved Schemes (Contour bunding and Contour Trenching regulation), 1956. 33.
29. The Andhra Pradesh (Andhra Scheduled areas) Validation of Succession certificates (Regulation) 1951. 30. The Scheduled Areas Estates Land reduction of Rent Amendment regulation, 1951. 31. The Andhra Pradesh (Andhra Scheduled areas) Estates (Abolition and Conversion into Ryotwari Regulation, 1951. 32. The Andhra Pradesh (Andhra Scheduled areas) Land Improved Schemes (Contour bunding and Contour Trenching regulation), 1956. 33. The Andhra Pradesh (Andhra Area) Local border (Amendment) Regulation, 1956. 34. The Andhra Pradesh (Andhra Area) Local border (Amendment) Regulation, 1957. 35. The Andhra Pradesh (Andhra Area) Local border Act (As applied to the Andhra scheduled Areas (Amendment) regulation, 1957. 36. The Andhra Pradesh Scheduled Areas land Tracts Regulation, 1959,37. The Andhra Pradesh Scheduled Areas land Tracts Rules, 1969. 38. The Andhra Pradesh Scheduled Areas money Lenders Regulation, 1960. 39. The Andhra Pradesh (Scheduled Areas) money Lenders Rules, 1960. 40. The Andhra Pradesh (Scheduled Tribes) debt Relief Regulation, 1960. 41. The Andhra Pradesh (Andhra Area scheduled Tribes) Debt Relief Regulation (Rules), 1960. 42. The Madras Scheduled Areas Estates (Abolition and Conversion into Ryotwari (A. P. Amendment) Regulation, 1960. 43. The Nugur and Bhadrachalam Scheduled areas (Validation of Transfer to khammam District) Regulation, 1963. 44. The Andhra Pradesh Scheduled Areas laws (Extension and Amendment) regulation, 1963. 45. The Andhra Pradesh Mahals (Abolition and Conversion into Ryotwari) regulation, 1969. 46. The Andhra Pradesh Mahals (Abolition and Conversion into Ryotwari) Rules, 1970. 47. The Andhra Pradesh Muttas (Abolition and Conversion into Ryotwari) regulation, 1969. 48. The Andhra Pradesh Muttas (Abolition and Conversion into Ryotwari) Rules, 1970. 49. The Andhra Pradesh Scheduled Areas ryotwari Settlement Regulation, 1970. 50. The Andhra Pradesh Scheduled Areas ryotwari Settlement Rules, 1971. 51. The Andhra Pradesh Scheduled Tribes debt Relief Regulation, 1970. 52. The Andhra Pradesh Scheduled Tribes debt Relief Rules, 1972. 53. The Agency Tracts Agriculturists Loans rules, 1963. ( 13 ) THE respective authorities under the above enactments will have to perform their functions and if in any particular case violation is alleged, it is for the authorities under the said Acts to take-up the matter and decide and only when an order is passed in a particular case, then the same should be appealed against in the manner provided in the said laws and not otherwise.
If there is any inaction in a particular matter, the same can be brought to the notice of the authorities mentioned in the Act or in a proper case by way of writ petition before this Court. Suffice it to say that the exercise undertaken by the learned single judge is not one traceable under Article 226 of the Constitution of India. ( 14 ) IN the result, we set aside the impugned order of the learned single Judge. The writ appeal is thus allowed. No costs.