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2000 Supreme(AP) 906

Andhra Pradesh High Court
Judges : V.ESWARAIAH
Kodimi Rajamma - Appellant
Versus
Principal Secretary, Home (Courts-A) Department - Respondent
Decided On : 12-07-00

Headnote:

Scheduled Districts Act, 1874 - Section 6 - A. P - Agency Rules, Writ Petition - Employment - Appointment - Petitioner-a Scheduled Tribe filed this Writ Petition to issue a Writ of Certiorari calling for the records connected with G. O - Home (Courts-A) Department to quash the same as illegal and without jurisdiction - Petitioner is residing in a Scheduled Area - Right from the British rule till date a number of special enactments and regulations are made for the Scheduled areas for administration of Agency Tracts and the ordinary Civil Courts have no jurisdiction over the Scheduled Areas and the provisions of the Civil Courts are also not made applicable in those areas till recently - Held, In view of the efflux of time and as the said Government Orders have not been extended sanctioning further continuance of temporary Mobile Courts together with the staff, the question of quashing the orders in G. O. and extended orders in G. O. does not arise as any continuance of Mobile Courts pursuant to the said unexpended order is illegal and without any authority of law - Therefore, the powers conferred on the Sub-Divisional Magistrate of the Mobile Courts will revert back to the concerned Sub-Divisional Officers and it will be open for them to exercise Civil and Criminal administration of justice hitherto exercised by them before the constitution of the temporary Mobile Court petitioner submits that on account of constitution of Mobile Court, who are mainly tribal people, are suffering from the illegal orders rendered by the Mobile Court as the said Sub-Divisional Magistrate is neither a law graduate nor having any special knowledge of the agency laws and no justice is being done to the Scheduled Tribes - Writ Petition disposed of

V. ESWARAIAH, J.

( 1 ) THE Petitioner-a Scheduled Tribe filed this Writ Petition to issue a Writ of Certiorari calling for the records connected with G. O. Ms. No. 406, Home (Courts-A) Department dated 27-06-1990 and to quash the same as illegal and without jurisdiction.

( 2 ) THE petitioner is residing in a Scheduled Area of Nallakunta Village, Bhadrachalam Mandal, Khammam District. Right from the British rule till date a number of special enactments and regulations are made for the Scheduled areas for administration of Agency Tracts and the ordinary Civil Courts have no jurisdiction over the Scheduled Areas and the provisions of the Civil Courts are also not made applicable in those areas till recently.

( 3 ) FOR the administration of Agency Tracts, the Scheduled Districts Act, 1874 (Act No. 14 of 1874) (hereinafter referred to as scheduled Districts Act ) was enacted. The said Act came into force in each of the notified Scheduled Districts and the scheduled areas. Section 6 of the Scheduled District Act reads as follows:"6. Appointment of Officers and Regulation of their procedure: The Local Government may from time to time (a) appoint officers to administer Civil and Criminal Justice and to superintend the settlement and collection of the public revenue, and all matters relating to rent, and otherwise to conduct the administration, which the Scheduled Districts; (b) regulate the procedure of the officers so appointed: but not so as to restrict the operation of any enactment for the time being in force in any of said districts; (c) direct by what authority any jurisdiction, powers or duties incident to the operation of any enactment for the time being in force in such district shall be exercised or performed. "under Section 6 of the Scheduled Districts Act, the Governor made The A. P. Agency Rules, 1924 (for short agency Rules ) for the administration of Agency Tracts and for regulation of the procedure of the officers appointed to administer them. As per the Agency Rules, 3-tier system of the Agency Tracts are contemplated i. e. , Agency Munsif, Agency Divisional Officer and Agent to the State Government. The Collector of the concerned District of the concerned Scheduled Area is designated as Agent to the State Government. The Agency Courts have the power to try all suits of civil nature excepting the suits of which their cognizance is either expressly or impliedly barred. As per the pecuniary jurisdiction conferred on the Agency Courts, the Agency Munsif shall have cognizance of suits for moveable and immoveable properties not exceeding in value of Rs. 500. 00, Agency Divisional Officer not exceeding the value of Rs. 5,000. 00 and exceeding the value of Rs. 5000. 00 the Agent to the State Government. The Agency Divisional Officer means the officer in-charge of the revenue sub-division, which is wholly, or partly agency. The Courts of Agency Munsif is subordinate to the Agency Divisional Officer and the Courts of Agency Divisional Officers are subordinate to the Agent to the State Government. The Agent to the State Government is empowered to appoint any of his subordinates or with the sanction of the State Government any other duly qualified person as Agency Munsif to exercise in such places and within such portion of the Agency tract within his district as he may consider proper the jurisdiction vested in the District Munsif in the ordinary tracts of the State subject to the modifications contained in the rules. But there is no such power for the Agent to the State Government to appoint any of his subordinates as Agency Divisional officer. As per the Scheme of the Scheduled Districts Act and the Agency Rules made thereunder by the Governor for the administration of Agency tracts and for regulation of the procedure of the officers appointed to administer them, the Agency Munsif, Agency Divisional Officer and the Agent to the State Government are alone vested with the respective judicial powers as stated above in the Sched








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