First Appellate Court's Order Reversed; Shikari Caste Not Recognized as Scheduled Tribe in Janjgir-Champa District
In a significant judgment, the Chhattisgarh High Court has reinstated the land rights of the appellant, Tek Ram, by overturning the First Appellate Court's decision. The court, presided over by Justice Bibhu Datta Guru, emphasized that the status of the 'Shikari' caste as a Scheduled Tribe is area-specific and determined by a Presidential Order under Article 342 of the Constitution of India. The court found that the 'Shikari' caste is not recognized as a Scheduled Tribe in Pamgarh Tehsil of Janjgir-Champa District.
The case originated from a dispute over land ownership and possession between Tek Ram and the respondents, including the deceased Prahlad. Tek Ram had filed a suit for permanent injunction and possession of the disputed land, which he claimed to have acquired legally through a registered sale deed in 1977. The defendants, however, contended that the land belonged to the Shikari community, a recognized Scheduled Tribe, and had been illegally transferred without permission.
The trial court initially ruled in favor of Tek Ram, stating that the Shikari community was not a Scheduled Tribe in the concerned area, and thus, the proceedings under Section 170(B) of the Chhattisgarh Land Revenue Code were without jurisdiction. This decision was reversed by the First Appellate Court, which recognized the Shikari community as a Scheduled Tribe at the time of the sale, thereby applying Section 170(B) and barring the Civil Court's jurisdiction.
Upon appeal, the High Court scrutinized the notifications and statutory provisions, concluding that the Shikari caste's status as a Scheduled Tribe is confined to Bilaspur and Katghora Tahsils of Bilaspur District, not including Janjgir-Champa District. The High Court emphasized that courts cannot alter the list of Scheduled Tribes as notified under Article 342. Consequently, the proceedings for land restoration initiated by the Sub-Divisional Officer were deemed without jurisdiction, and the First Appellate Court's decision was overturned, restoring the trial court's judgment in favor of Tek Ram.
The judgment reaffirms the principle that the status of Scheduled Tribes is area-specific and must adhere strictly to the constitutional provisions and notifications.
Bottom Line:
Status of caste or community as Scheduled Tribe is area-specific and determined by Presidential Order under Article 342 of the Constitution of India. Courts cannot modify the list of Scheduled Tribes notified under Article 342.
Statutory provision(s): Article 342 of the Constitution of India, Chhattisgarh Land Revenue Code, 1959 Section 170(B), Civil Procedure Code, 1908 Section 100
Tek Ram v. Prahlad (Died), (Chhattisgarh) : Law Finder Doc id # 2850861
