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Firm Dharamchand Ramesh Chand Vs. Babulal Chunnilal Moghiya - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtMadhya Pradesh High Court
Decided On
Case NumberCivil Revn. No. 39 of 1971
Judge
Reported inAIR1977MP186; 1977MPLJ185
ActsMadhya Pradesh (Anusuchit Jati Tatha Anusuchit Jan Jati) Rini Sahayata Adhiniyam, 1967 - Sections 2(6); Constitution of India - Article 342 and 342(1); Constitution (Scheduled Tribes) Order, 1950
AppellantFirm Dharamchand Ramesh Chand
RespondentBabulal Chunnilal Moghiya
Appellant AdvocateN.K. Jain, Adv.
Respondent AdvocateH.G. Mishra, Adv.
DispositionRevision allowed
Excerpt:
- - para 2 of the order 1950 which i have extracted above clearly lays down that the tribal communities specified in a particular part shall be deemed to be scheduled tribes so far as regards members thereof residing in the localises specified in relation to them respectively in those parts of that schedule......judge, class i, guna is whether the non-petitioner being a member of moghya community belongs to scheduled tribe in terms of the constitution (scheduled tribes) order. 1950 issued by the president of india in exercise of the powers conferred by clause 1 of article 342 of the constitution.2. the lower court has held that- since in several districts of madhya pradesh moghya or mogia has been notified as a scheduled tribe, it will be deemed, for the purposes of the application of the madhya pradesh anusuchit jan jati rini sahayata adhiniyam, 1967 that a member of moghya community wherever residing in the state is a member of the scheduled tribe.3. the learned counsel for the petitioner, however, urges that the non-petitioner no doubt a moghya, is a resident in the district of guna in.....
Judgment:
ORDER

C.M. Lodha, J.

1. The only point involved in this revision by the plaintiff from an order by the Civil Judge, Class I, Guna is whether the non-petitioner being a member of Moghya community belongs to Scheduled tribe in terms of the Constitution (Scheduled Tribes) Order. 1950 issued by the President of India in exercise of the powers conferred by Clause 1 of Article 342 of the Constitution.

2. The lower Court has held that- since in several districts of Madhya Pradesh Moghya or Mogia has been notified as a Scheduled Tribe, it will be deemed, for the purposes of the application of the Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 that a member of Moghya community wherever residing in the State is a member of the Scheduled Tribe.

3. The learned counsel for the petitioner, however, urges that the non-petitioner no doubt a Moghya, is a resident in the district of Guna in respect of which only the following tribes namely :--

(1) Gond.

(2) Korku.

(3) Seharia.

have been declared as Scheduled Tribes and not Mogia.

4. Article 342(1) of the Constitution of India reads as under :--

'342 (1). The President may with respect of any State or Union territory and where it is a State after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory, as the case may be.'

5. At this stage I may also refer to Para 2 of the Constitution Scheduled Tribes Order, 1950. It reads as under:--

'The tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in Parts I to XII to the Schedule to this Order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof resident in the localities specified in relation to them respectively in those parts of that Schedule.'

6. Part VI of the Schedule deals with Madhya Pradesh. Here I might read paraNo. 1 of Part VI in which there is a reference to the district of Guna :--In the districts of Bhind..... .Guna.. ....:-

(1) Gond.

(2) Korku.

(3) Scharia.

7. Thus it is dear that so far as the district of Guna is concerned, Mogia has not been included in the list of Scheduled Tribes. Para 2 of the Order 1950 which I have extracted above clearly lays down that the tribal communities specified in a particular part shall be deemed to be scheduled tribes so far as regards members thereof residing in the localises specified in relation to them respectively in those parts of that Schedule. The language of this para, therefore, leaves no doubt that the particular tribes residing in particular localities or in the whole State as the case may be, shall be deemed to be Scheduled Tribes as specified in the various Parts to the Schedule. Article 342(1) has to be read along with para 2 of the Order. In this view of the matter, I am of opinion that members of Mogia Tribe residing in the district of Guna shall not be deemed to be members of Scheduled Tribe.

8. In the result, I allow this revision application, set aside the order by the court below and send the case back to it for disposal according to law. There will be no order as to costs of this revision.


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