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2001 Supreme(AP) 496

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, S.B.SINHA
Pusuluri Srihari - Appellant
Versus
Shakti, Voluntary Social Organization - Respondent
Decided On : 04-27-01

Headnote:

Constitution of India, 1950 - Articles 226, 19 and 50 - Government of India Act, 1935 - Sections 91 and 92 - Social Organization - Transportation - Writ petition has been entertained as a public interest litigation and respondents are Chief Secretary to government Principal Secretary Social welfare Department Director General of state of District Collector and Superintendent of Police of West District and five other private parties who were impleaded as per Court order passed - Among writ petitioners first petitioner is SAKTI said to be a non-profit voluntary Social Organisation and Petitioner No - 2 is its Director and 3rd petitioner is wife of 2nd petitioner and is also an active participant in 1st petitioner-Organisation - They sought for two prayers to declare that various actions of respondents including filing of false criminal cases against writ petitions amounts to interference with fundamental rights of writ petitioners guaranteed of Constitution and consequently restrain respondents from interfering with lawful activities of writ petitioners - Held, Hence I direct Court Commissioner to go through records prepared by revenue Department in presence of members of District Level Committee and if he finds that irregularities committed by department are incurable he shall re-visit villages by giving advance notice to villagers as well as members of Village Level Committee and complete work as per directions of this Court and action report may be filed in this Court - After completion of scrutiny of records prepared by revenue officials Collector shall place required staff at disposal of Court Commissioner for carrying out directions of this Court and to file an action report in Court - Commissioner is given month time to complete 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 directions - His fee is fixed at per month and Collector shall provide necessary accommodation transport and boarding facility apart from paying honorarium of every month till completion of work - Writ appeal is thus allowed.

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. 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 ord










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