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In the counter-affidavit, filed on behalf of the 7th respondent in W.P. No.15688 of 2011, it is stated that this Court, while deciding W.P. No.1413 of 1973, was unaware of the notification issued by the Government of Hyderabad dated 16.11.1949; Section 242-D of the Andhra Pradesh Panchayat Raj Act, 1994 requires offices of Presidents of Gram Panchayats, in Scheduled Areas, to be reserved in favour of the scheduled tribes; since the subject 18 Gram Panchayats, comprising of 23 revenue villages, were declared as Scheduled Areas in the notification issued by the President of India dated 07.12.1950, the local body offices in the subject Gram Panchayats are required to be reserved in favour of the scheduled tribes; Warangal District hitherto comprised of 8 taluqs, including Mulug and Paloncha; Paloncha taluq was sub-divided into five zones comprising 227 villages including the subject 23 villages; Hyderabad State issued the notification dated 16.11.1949, under the Tribal Areas Regulation, 1359 Fasli, wherein all the villages forming part of Paloncha taluq of Warangal District, except Paloncha, Borgampad, Ashwaraopet, Dammapet, Kuknur and Nelipak villages, were declared as tribal areas; thereafter, for the purpose of collection of land revenue and for better administration, the Government of Hyderabad had issued notification dated 21.04.1950, under Section 5 of the Hyderabad Land Revenue Act (No.8 of 1317 Fasli, reorganising the taluqs and forming Girdwar Circle in Warangal District; all the 23 villages, which formed part of Paloncha taluq, were shown in Girdwar Circle, Mangapet; all the villages in the Mangapet mandal were treated as Scheduled Areas and offices, of local bodies therein, were reserved in favour of the scheduled tribes, in the 2006 elections; even though the said action was challenged before this Court, elections were directed to be held; merely because local body offices were not reserved earlier, in favour of the scheduled tribes, would not confer any right on the petitioners to claim that these villages are non- Scheduled Areas; the President had declared the 23 villages of Mangapet Mandal, which were then in Paloncha Taluq of Warangal District, as Scheduled Areas in the Scheduled Areas (Part B States) Order dated 07.12.1950; as none of these facts were brought to the notice of this Court, when the order was passed in W.P.No.1413 of 1973, the said judgment does not constitute a precedent; the Chief Executive Officer, Zilla Praja Parishad, Warangal had submitted particulars informing that these 23 villages of Mangapet Mandal are located wholly in Scheduled Areas; the 23 villages, which are now in Mangapet Mandal, were originally part of Paloncha taluq of Warangal District; the erstwhile Hyderabad Government had sent proposals to the Government of India, for issuing the Presidential Notification under Para 6(1) of the V Schedule to the Constitution, to declare these 23 villages also as Scheduled Areas in Paloncha taluq, when the entire Paloncha Samsthan and taluk were then in Warangal District; in the meanwhile, due to abolition of Jagirs, taluqs were re-organized by way of the notification dated 21.04.1950 published in the Hyderabad Extraordinary Gazette No.47 dated 23.04.1950; as a result the 23 Samsthan villages, which were hitherto part of Paloncha taluq, were tagged to Mangapet Circle of Mulug Taluq in Warangal District on the ground of administrative convenience, before formation of Khammam District (Khammam District was formed in the year 1953 by Notification dated 18.09.1953); the Scheduled Areas (Part-B States) Order, 1950 was issued solely on the basis of the proposals sent much earlier by the erstwhile Hyderabad Government; the 23 villages, which figured under Paloncha Samsthan (Paloncha Taluq), were notified as scheduled villages under Item 13 of the Presidential Order; as these villages, figured under Paloncha Samsthan (Paloncha taluq), its status would not change merely because these villages had, in the interregnum, been tagged on to Mulug taluq; the list of villages, both in the Presidential Order dated 07.12.1950, and the notification dated 16.11.1949 issued under the Tribal Area Regulations 1359 Fasli, are the same; and even the names of the villages appear in the same order in both the lists. The counter- affidavit gives a comparative chart of the two lists.

In the counter-affidavit, filed on behalf of the 9th respondent in W.P. No.15688 of 2011, it is stated that Paloncha taluq of Warangal District comprised of 227 villages; at the time of formation of Khammam district on 01.10.1953, 23 of these 227 villages were in Mulug taluq of Warangal District, and the remaining 204 villages fell under Khammam district; and reserving all the 23 villages and 18 gram panchayats, of Mangapet Mandal in Mulug taluq of Warangal District, in favour of the scheduled tribes is in conformity with the Presidential Order dated 07.12.1950 made under Para 6(1) of the V Schedule to the Constitution of India.

The Agency Rules were made, in the exercise of the powers conferred under Section 6 of the Scheduled Districts Act, 1874, for administration of the agency tracts and to regulate the procedure, for officers so appointed, to administer them. Under Rule 1 thereof the Collectors and District Magistrates, under the designation of Agents to the State Government, were to be the Collectors, District Magistrates and District Judges within the agency tracts included in their respective districts. Rule 1(2) vested in the Agent the same powers as were vested in the revenue courts for the trial and determination of suits coming before them. The Agency Rules contained separate provisions for civil justice, jurisdiction of courts, transfer of suits, for institution, trial and determination of suits etc. Subsequently, the Agency Tracts Interest and Land Transfer Act, 1917 (Act 1 of 1917) came to be passed with the object of limiting the rate of interest and to check the transfer of lands in the agency tracts, (Vemana Sornalamma4), including lands in Ganjam, Visakhapatnam and Godavari areas. These areas were described as agency tracts as they were under the administration of an Agent. Section 2 (a) of Act 1 of 1917 defined agency tracts to mean the "Scheduled Districts as defined in the Scheduled Districts Act, 1874. (Hota Venkata Surya Sivarama Sastry v. State of Andhra Pradesh ; G. Venkateswara Rao v. Dist. Collector, Khammam ).

PART-III Khammam District TALUQ PALONCHA:
2. All the villages of the taluq exempting the following villages:
1. Paloncha, 2. Aswaraopet, 3. Rampet, 4. Kuknoor. TALUQ DURGAMPAHAD:

3. All the villages of the taluq with exception of: 1.Durgampahad

2.Nellipak.

It is apparent from the contents of the notification dated 2.2.1954, that H.E.H. the Nizam, as the Rajpramukh of the Part-B State of Hyderabad, exercised powers under the Tribal Area Regulations, 1359 to amend the earlier notification dated 16.11.1949 issued under the said Regulations. The Notification dated 02.02.1954, while amending the earlier Notification dated 16.11.1949, makes no mention of any amendment having been made to the notification dated 16.11.1949 at any time prior thereto. (ie prior to issuance of the notification dated 02.02.1954). The subject 23 villages, which were in Paloncha Taluq of Warangal District under the Notification dated 16.11.1949, thus continued to remain part of the tribal areas of Paloncha Taluq and, instead of in Warangal District, they were shown to be a part of Khammam District under the notification dated 02.02.1954 issued under the Tribal Area Regulations, 1359 Fasli. While H.E.H. the Nizam, as the Rajpramukh, was not entitled to include any area or a village in, or delete them from, the list of Scheduled Areas, as such a power was conferred exclusively on the President under Para 6(1) of the Fifth Schedule, he could relocate a village, which was a Scheduled Area, from one district to another. Para 6(1) of the V Schedule does not empower the President to declare any part of the Scheduled Areas as agency tracts or agency areas or tribal areas. It is for the Governor, while administering Scheduled Areas, to declare agency areas (or tribal areas) either in the whole or in any part of such Scheduled Areas; and make necessary laws for the administration of such areas. (G. Venkateswara Rao8).