The disputes raised in the suit have been excluded from the original jurisdiction of the Court by the proviso to Article 131 of the Constitution.

ORDER

1. This suit relates to a dispute regarding the boundaries between the States of Orissa and Andhra Pradesh. The State of Orissa which is the plaintiff claims that certain villages which fell within the territory of Orissa were being trespassed upon by the State of Andhra Pradesh.

2. The State of Andhra Pradesh raised certain preliminary objections including, inter alia, the objection that the suit was not maintainable before this Court in its original jurisdiction by virtue of the proviso to Article 131 of the Constitution of India.

3. The factual dispute relates to the question whether certain villages should form part of Salur or Pottangi taluk. Pottangi taluk appears to be within the territory of the State of Orissa whereas Salur within the territory of Andhra Pradesh. According to the State of Orissa a portion of Salur taluk plan falls within the State of Orissa. This is disputed by the State of Andhra Pradesh.

4. "On 1-12-1920, the Governor General-in-Council with the sanction of the Secretary of State for India directed that with effect from 1-12-1920, a new district called the Agency division comprising of the agency tracts of the Ganjam, Vijagapatam and Godavari districts would be constituted with Waltair as its headquarters. Pottangi is mentioned as comprising of Pottangi and the Agency villages of Salur taluk in the Parvatipuram division and made part of Ghat Agency of Waltair. On 8-10-1923, a second notification was issued by the Governor General-in-Council with the sanction of the Secretary of the State for India restoring and reconstituting certain districts in the Ganjam, Vijagapatam and Godavari districts. The Agency division constituted under notification dated 6-11-1920 was abolished with effect from 16-9-1923. A third notification was issued on 15-10-1927 by the Governor General-in-Council which was published on 25-10-1927 in the Official Gazette. The notification directed that "with effect from 1-12-1927, 115 villages of the old Salur agency, detailed in the list appended to the notification, now forming part of the Pottangi taluk of the Koraput sub-division shall be transferred to the Salur taluk of the Parvatipuram sub-division and shall be constituted as a separate agency (Salur agency)." This notification, according to the State of Andhra Pradesh, was subsequently amended by another notification dated 8-5-1928.

5. In 1936 under the proviso to Section 289 sub-section (1) of the Government of India Act, 1935, the Constitution of Orissa Order, 1936 was passed carving out a new Province to be known as the Province of Orissa out of parts of Bihar, Orissa, Presidency of Madras and the Central Provinces. Para 3 of the Order provided that the new Province would consist of the area specified in Part I of the First Schedule to the Order. The external land boundaries were also specified in Part II of the Schedule. Paras 3 and 4( 1) of the Order provided for:

"3. If any question arises with respect to the boundaries as existing at the date of this Order, of any district, agency, taluk, village, estate, forest or other area referred to in the said Schedule or otherwise with respect to the delimitation of the boundary of Orissa, that question shall be referred to the Governor General, whose decision thereon shall be final.

4. (1) The date on which the said provisions are to come into operation shall be the first day of April, nineteen hundred and thirty-six." 6. A map was prepared by one Gilby, Assistant Director of Survey and Land Records, Government of Madras, which sought to delineate the borders between the two Provinces of Madras and Orissa. According to the Andhra Pradesh Government the map was accepted by both the Provinces and an agreement was reached between them on 15-5-1943 accepting the Gilby Report. Reliance has been placed on an order passed by the Governor General-in-Council with regard to the demarcation of the correct boundaries between the erstwhile States of Madras and Orissa and recording that the