Telangana High Court
Kathi Swamy, vs The State Of Telangana, on 20 November, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 5126 OF 2025
O R D E R:
This Writ Petition is filed to declare the action of the
Respondent-Authorities treating Gudur and Ayodhyapuram
Revenue Villages of Gudur Mandal, Mahabubabad (wrongly
typed as Mahmubabad) District as Scheduled Area Villages is
illegal and contrary to Scheduled Areas (Part-B States) Order of
1950. Consequently, a direction is sought to respondents to
treat Gudur and Ayodhyapuram Revenue Villages of Gudur
Mandal, Mahabubabad District as non-Scheduled Areas in view
of non-mentioning of these two villages as scheduled area
villages in Narsampet Taluq in the Presidential Notification
(Part-B States) Order 1950, dated 07.12.1950.
2. Originally, the Writ Petition was instituted against
11 respondents. Later Respondents 12, 13 and 14 were
impleaded as per Court Order dated 30.07.2025 in IA No. 2 of
2025.
3. The case of petitioners, in brief, is that they are
permanent residents of Gudur and Ayodhyapuram Villages of
Gudur Mandal, Mahabubabad District, having residential
houses and agricultural lands mentioned in the writ affidavit.
The extents of land possessed by them is immaterial for the lis,
hence not extracted. Previously, these villages were in erstwhile
Warangal District and their families have been residing there for
more than 100 years. They contend that Gudur and
Ayodhyapuram Villages of Gudur Mandal are not notified as
Schedule Area villages under the Scheduled Areas (Part-B
States) Order of 1950 (for brevity 'the 1950 Order'). However,
respondents have wrongly treated these two villages as
Scheduled Area.
3.1. It is contended, neither the 1950 Order nor other
Notifications have declared these villages as Schedule Area and
the said villages are not notified as schedule areas in the list by
the 1950 Order. As per the information of petitioners, the
President of India is to specify certain areas in Part-A and Part-
B States as Scheduled Areas as per V Schedule to the
Constitution. Required information was received from Part-A
State Governments in time but the same could not be completed
in respect of Part-B States. Therefore, the Scheduled Areas
(Part-A States) Order of 1950 was published on 26.01.1950 and
for Part-B States, Scheduled Areas (Part-B States) Order of 1950
was published on 04.04.1950. The Government of Hyderabad
sent proposals for preparation of scheduled areas before
bifurcation and a draft was also prepared on 23.03.1950.
3.2. It is contended that Gudur and Ayodhyapuram
Villages of Narasampet Taluq were not notified in the 1950
Order dated 07.12.1950. This non-inclusion is evident not only
from 1950 Order but also from the letter of the District
Collector, Warangal, dated 08.12.1978 including certain non-
schedule villages in the sub-plan area and revision of list of
schedule areas by rescinding the Schedule Areas (Part-A States)
Order 1950. It is further stated, these two villages were formed
before 1930 and they have very less population of STs. as per
the census of 1951, 1961, 1971 and 1981. Petitioners have
given table of percentage of total population, non-tribal and
tribal population and the percentage of STs. It need not be
extracted.
3.3. On the strength of the above information,
petitioners made several representations to State Government
not to treat the two villages in question as schedule area
villages. The Government of India, Ministry of Tribal Welfare
issued proceedings dated 01.12.2014 to the State Tribal Welfare
Department for bifurcation of schedule areas notified under V
Schedule to the Constitution in the State of Andhra Pradesh.
However, respondent-authorities have not corrected the
mistake. While so, petitioners have given representations dated
16.01.2025 and 17.01.2025 requesting not to treat the two
villages in question as schedule area villages, however, no
orders are passed so far. The respondent-authorities are not
allowing registrations by petitioners and are not permitting
them to contest in local body elections and Zilla Parishad
elections. When applied under the RTI Act, the 9th respondent
replied that no information is available with regard to the two
villages in question.
4. The 3rd Respondent - District Collector,
Mahabubabad filed counter rebutting the contentions of
petitioners. He states that the then Hyderabad State
Government issued the Tribal Areas Regulation 1359F (No.III of
1359F). Accordingly, the Tribal Areas Notification 1949 was
issued vide Notification No. 2 dated 16.11.1949 (16th Dai,
1359F). In Part-II of this Notification, 72 villages of Narsampet
Taluq including 'Goarur' (Gudur) at Sl.No.68 and 'Radhiapur'
(Ayodhyapur) at Sl.No. 69 were notified. In furtherance of the
letter dated 17.10.1978 of the Secretary to Government, SW
Department, proposals vide Rc.No. B6/13046/78, dated
18.12.1978 were addressed to the Secretary to Government, SW
Department for correction of names of villages, by the then
District Collector, Warangal. In para No.6 it is recorded as
follows:
" for 'Ayodhyapur' village, in the notification at Sl. No. 69 it
was mentioned as 'Radhiapur'. Therefore, by identifying the correct
name of the village, 'Ayodhyapur' was mentioned in the list sent by this
office."
Further, the proposals for correction of name of the village
Gudur at Para-8 it is recorded as follows:
" In so far as 'Gudur' (Code No. 177) village is concerned, I
am to inform that the name of this village was wrongly spelt in the
notification at Sl. No. 68 as 'Goarur'. Therefore, by identifying correct
name of the village, at Sl.No. 20 of the list sent by this office, it was
mentioned as 'Gudur."
In Para-13 it is stated-
" I am to inform that there are several discrepancies in
spelling the names of the scheduled villages in the notification. In
Annexure-III of this letter the names of the villages as spelled in the
Presidential Notification and the corresponding names with correct
spelling are mentioned. It is desirable to correct the names of the
scheduled villages in the notification as per corrected names mentioned
in Col. No. 7 of Annexure-III of this letter."
4.1. The 1950 Order was issued on the basis of the
Tribal Areas Notification 1949. Therefore, it is stated, it is not
correct to say that Gudur and Ayodhyapur Villages are not
notified as schedule areas. Petitioners based on typographical
mistakes are contending that the two villages in question are
not notified as schedule areas.
5. Respondents 12 to 14, who have come on record as
per the orders of this Court, filed their counter affidavit, more or
less on the lines of the counter affidavit of the 3rd respondent-
District Collector. Respondents 12 to 14 filed counter stating
that despite Guduru and Ayodhyapuram Villages are in the
Jurisdiction of V Schedule of Constitution vide Proceedings
Presidential Notification (Part-B States) Order, 1950, dated
07.12.1950 and few clerical mistakes took place by the clerks in
printing the names of the villages in the above said order
because of that petitioners cannot be said that the above said
Villages are not included in the Presidential Order and they do
not have right to approach this Court to declare Guduru and
Ayodhyapuram Villages as Non- Agency Villages is not valid in
the eye of law.
5.1. It is further stated, Part- B 1950 Order, dated
07.12.1950 has categorically stated the above said villages were
shown in the Taluq of Narsampet at Sl.Nos.80 and 84 by clerical
mistake shown as Guduru and Ayodhyapur and the same is
clearly shown that those villages geographically situated in the
Jurisdiction of the V Schedule of Constitution and for the past
75 years, villages are in the jurisdiction of V Schedule. The V
Schedule is basic structure of the Constitution and the same
was upheld by the Apex Court in a catena of judgments
including the case of Samata v. State of Andhra Pradesh 1
which is the land mark judgment to protect the Schedule Tribe
People Rights in the Jurisdiction of V Schedule of Constitution
of India. Hence, the contentions of Petitioners are not valid in
the eye of law.
5.2. Though the above said villages are in Part-B states,
1950 Order of the Presidential Order, dated 07.12.1950 and
geographically situated along with other villages of the
Jurisdiction of V Schedule, the clerical mistakes cannot be
relied upon by Petitioners to treat the above said villages as
non-scheduled area villages. Because, the clerical mistakes are
(1997) 8 SCC 191
curable and the Hon'ble President of India is only having power
to correct the jurisdiction of V Schedule, hence, the present Writ
Petition is not maintainable the eye of law.
5.3. It is also stated, with regard to Scheduled area
clerical mistakes took place in Paloncha Samasthan and the
same was claimed by the non-schedule people who are residing
in the jurisdiction of V Scheduled of Constitution in Writ
Petition No.15688 of 2011 and Writ Petition No.19085 of 2013
and the same was dismissed by the co-ordinate bench of this
Court. The said order was upheld in Writ Appeals No. 743 and
744 of 2014, dated 05-07-2023. Aggrieved by the same, non-
scheduled people approached the Hon'ble Supreme Court by
way of the SLP. No 20490 of 2023 and SLP. Civil. No. 21341of
2023 but no stay was granted in view of the concurrent findings
given by this High Court which is squarely applicable for this
case. Mere clerical mistakes have been taken place and the
same are curable defects without considering the same, the writ
petitioners cannot approach this Court.
6. Heard Sri P. Vishnuvardhan Reddy, learned counsel
for petitioners; learned Government Pleader for Social Welfare
and Sri Prabhakar Chikkudu, learned counsel for Respondents
12 to 14.
7. It is to be noted, V Schedule is the basic structure
of the Constitution and the same was upheld by the Hon'ble
Apex Court in a plethora of cases including Samata vs State of
Andhra Pradesh (supra), a land mark judgment to protect the
rights of the Scheduled Trible People in the jurisdiction of V
Schedule to Constitution of India. As stated by the 3rd
respondent in his counter, the two villages in question 'Gudur'
and 'Ayodhyapur' were included in the 1950 Order, however,
with spelling mistakes. For 'Gudur', it is wrongly spelled as
'Goarur' (Sl. No. 68) and for 'Ayodhyapur', as 'Radhiapur' (Sl.
No. 69). The District Collector, Warangal, addressed the letter
dated 17.10.1978 for correction of wrongly spelled names of
villages, pursuant to which proposals dated 18.12.1978 were
sent to the Social Welfare Department. Basing on mere
clerical/spelling mistakes, which are curable defects, it cannot
be said that two villages in question are not included in the
1950 Order and no relief as sought for in this writ petition can
be given.
8. The cause of action has arisen in 1950. Petitioners
under the guise of spelling mistakes in the Presidential Order,
cannot now be permitted after lapse of 75 long years to agitate
that the two villages in question are to be treated as non-
scheduled area villages. That apart, petitioners have not chosen
to challenge Presidential Notification (Part-B States) Order 1950
dated 07.12.1950 in this Writ Petition. Without challenging the
said 1950 Order, they are not entitled to pray for a declaration
that 'Gudur' and 'Ayodhyapur' revenue villages are non-
Scheduled Areas.
9. As rightly stated by the 3rd respondent-District
Collector, right from the Scheduled Area Declaration by the
Union Government, the primitive Tribal Groups/Tribal Groups
dwelling in this area are rest assured to dwell in their place
without fear. Basing on the Scheduled Area concept, many
developmental activities to the existing Tribal agglomerations
have been taken up for Tribals as the villages are published as
Scheduled Areas in the Presidential Order 1950 after extensive
exercise made. Therefore, the relief sought in this Writ Petition
filed after a lapse of 75 years that too without challenging the
Presidential Notification (Part-B States) Order 1950 dated
07.12.1950, cannot be granted. The Writ Petition is hit by delay
and laches.
10. The Writ Petition is accordingly dismissed. No costs.
11. Consequently, miscellaneous Applications, if any
shall stand closed.
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NAGESH BHEEMAPAKA, J
20th November 2025
ksld
