R.R.PRASAD, PRAMATH PATNAIK
Md. Ashique Ahamed – Appellant
Versus
Union of India through Secretary, Ministry of Parliamentary Affairs – Respondent
1. Since the relief sought for in all the writ petition (PIL) more or less identical, with the consent of the respective counsels all these Public Interest Litigation are heard analogously and are being disposed of by this common order/judgment.
2. In all these Public Interest Litigation, relief sought for, mainly pertains to redefining and rescheduling of all the Scheduled Area and for declaration of Scheduled Areas (State of Jharkhand) order 2007 ultra vires to the Constitution of India not being consistent with to the legal parameters and other guidelines for the establishment of scheduled areas.
3. The factual matrix as disclosed in the W.P. (PIL) No. 689 of 2010 in brief, is that the “Scheduled Area” as enshrined in the guidelines of the annual report of 2002-03 was published by the Ministry of Tribal Affairs, Government of India. The Government of India notified in the Gazette of India, the Scheduled Areas of the Government of Jharkhand in notifying the blocks of the respective districts vide extraordinary Gazette dated 20.02.2003 as averred in the writ application. As per the 2001 census, the population of Scheduled Tribes has been less than 50% in respective blocks/d
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