KOTIA GROUP OF VILLAGES

JXÏÞhÐeþ ÒLÐVÞA NõÐc`Ê&¼ jÕNõÐkþL : N]Ð^eþ `eÞþXÏÐ

KOTIA GROUP OF VILLAGES OF ODISHA

-1-

-2-

-3-

-4-

-5-

{LÿæÀÿæ¨ës fçàÿâæÀÿ ÓÀÿLÿæÀÿê µÿæ¯ÿ{Àÿ þë’ÿ÷ç†ÿ ¨÷$þ œÿOÿæ

-6-

{LÿæÀÿæ¨ës fçàÿâæÀÿ ¨÷$þ þëfëþëàÿç Óó¨Lÿö{Àÿ

¨tæèÿê-†ÿæÝç¯ÿæàÿÓæ ÀÿæÖæÀÿ B†ÿçÜÿæÓ

-7-

{LÿæÀÿæ¨ës fçàÿâæÀÿ ¨÷$þ fçàÿâæ¨æÁÿ R.C.S. BellZÿ sç¨ú¨~êLÿë Aæ™æÀÿ LÿÀÿç †ÿæZÿ Ó½&õ†ÿç{Àÿ {àÿQ#$#¯ÿæ Ó´†ÿ¦ D‡Áÿ ¨÷{’ÿÉ H Ó´†ÿ¦ {LÿæÀÿæ¨ës fçàÿâæÀÿ fœÿ½ ¯ÿçÌß{Àÿ > It was only when the 1st April, the appointed day for the formation of the new Orissa province and the Koraput district, began to draw very close, that there was any sign of active preparation for the change-over. Ward, the Collector of Vizagapatam, began moving some of his less-wanted subordinates to posts in the areas to be transferred to the province, and some of the heads of other departments took similar steps. Otherwise little was done. There was very little guidance from the Government of Madras, but we were told that the new Koraput district was to consist of the whole of the Koraput division, except part of Padwa taluk, all the Parvatipur Agency tracts, and part of the Parlakimidi taluk of Ganjam.

The northern or Oriya-speaking parts of Ganjam were to be made into a new district, while the southern portions were to be amalgamated with the plains of Vizagapatam to form a new Madras district. In Koraput there were to be divisional officers at Koraput and Gunupur, and a District Board and a Treasury at Koraput as well as a new Collector’s office. There was clearly insufficient accommodation at Koraput for these new offices, so I made arrangements to rent some buildings at Nowrangpur and decided to send the new Divisional Officer there together with the Taluk Board office, as soon as they should arrive. For lack of accommodation at Gunupur I had to arrange to accommodate the other divisional officer at Rayaghada.

On the 1st April 1936, issue no. 1 of the Orissa Gazette was published, assuming the various changes in territorial jurisdictions, besides the accession of the new Governor, Sir John Hubback, and other important official proceedings, including the appointment of myself as Collector, Magistrate and Sessions Judge of the new Koraput district. In various parts of the new province, including Koraput, processions took place and speeches were made to celebrate the occasion.

Within a day or two my first problem under the new regime arose to bother me. This had been an ambiguity in the notification regarding boundaries. Quite a large tract of country in Padwa taluk, inhabited by over ten thousand people, was in a dubious position. The police did not know which magistrate had jurisdiction to try cases, and Excise licensees were puzzled as to when they had to pay their fees. But so little administration went on in that remote tract of country that the people did not feel much inconvenience during the month or two which passed before authority sorted out the mistake and a new and unambiguous notification was issued.

Staff difficulties arose almost immediately. There had been a portion of the Madras Collectorate, known as the Agency section, which consisted of four or -8-

five clerks and dealt with purely Agency subjects. This section with its records was sent up to Koraput. But there were many subjects common to both Agency and plains, and on these I had no records, nor any clerks to deal with them.

Fortunately I had no difficulty in getting sanction from the new Orissa Government for the appointment of a number of additional clerks. But it was many months before I would get hold even of copies of all records relating to the district from the Vizagapatam Collectorate. Many of the subordinate staff in the district were very unwilling to be transferred to the new province, and some of them on plea of sickness or for other reasons managed to get leave very early on. I was thus able almost at once to get for Kasivisvanatha Sahu his well-deserved promotion as Dy Tahsildar. But when I had promoted him and another man, I had exhausted the local talent and had to appeal to headquarters for help, but not at first with any success. Maharadhwajar, my old camp clerk, secured promotion as a Revenue Inspector in Ganjam, but never, I understand, succeeded in rising much higher.

To fill the vacant clerks’ posts I was obliged, by one of the first orders issued by the Orissa Government, to appoint only natives or persons bona fide domiciled in the province. But for this order I could have drawn upon an inexhaustible horde of educated unemployed in the Vizagapatam plains. As it is I was able to find berths for every educated youth in Koraput district, most of whom were agreeably surprised to find that their first application for a job met with success. This example, I am sure, proved stimulating to the boys in the upper classes of the high schools, who till then had looked on years of unemployment as the probable sequel to their school career. By the time I left Koraput, most of the office had quite a large proportion of local men on their staff, which had been quite inconceivable under the previous regime.

-9-

{LÿæÀÿæ¨ës fçàÿâæÀÿ `ÿ†ÿë$ö fçàÿâæ¨æÁÿ H.W. AldersonZÿ ¨æ`ÿç{¨+æ fþç’ÿæÀÿê D¨{Àÿ Aæ{’ÿÉœÿæþæ

- 10 -

- 11 -

- 12 -

¨æ`ÿç{¨+æ fþç’ÿæÀÿêÀÿ Qf~æ Aæ’ÿæß D¨{Àÿ {LÿæÀÿæ¨ës fçàÿâæÀÿ`ÿ†ÿë$ö fçàÿâæ¨æÁÿ H.W. AldersonZÿ Aæ{’ÿÉœÿæþæ

- 13 -

- 14 -

- 15 -

¨æ`ÿç{¨+æ fþç’ÿæÀÿêÀÿ Qf~æ Aæ’ÿæß D¨{Àÿ {LÿæÀÿæ¨ës fçàÿâæÀÿ`ÿ†ÿë$ö fçàÿâæ¨æÁÿ H.W. AldersonZÿ Aæ{’ÿÉœÿæþæ

- 16 -

- 17 -

fþç’ÿæÀÿê D{bÿ’ÿ ¨{Àÿ ¨æ`ÿç{¨+æ fþç’ÿæÀÿê HÝçÉæ{Àÿ þçÉç¯ÿæÀÿ Aæ{’ÿÉœÿæþæ

- 18 -

- 19 -

{LÿæsçAæ S÷æþ¨ëófÀÿë Qf~æ Aæ’ÿæß ÓóLÿ÷æ;ÿ{Àÿ ¨tæèÿê †ÿÜÿÓçàÿ’ÿæÀÿZÿ Aæ{’ÿÉœÿæþæ

- 20 -

- 21 -

{LÿæsçAæ S÷æþ¨ëq D¨{Àÿ þæœÿ¿¯ÿÀÿ Óë¨÷çþ{LÿæsöZÿ Aæ{’ÿÉÀÿ Lÿçß’ÿóÉ The three notifications dated 1st December, 1920, 8th October, 1923 and 15th October, 1927 are all instruments within the meaning of the word in the proviso to Article 131 The State of Orissa bases its claim to the disputed villages on the first two notifications; the State of Andhra Pradesh on the third. Despite the fact that the State of Orissa has claimed that the 1927 notification was void and ineffective, this would also be a dispute connected with the instrument.

Moreover, the State has also run an alternative case that the 1927 notification was never given effect to. Whatever the defence to the respective claims may be, the claims thereunder and the defences thereto are disputes arising out of those instruments.

The State of Andhra Pradesh has also raised a claim based on an agreement stated to have been entered into between the erstwhile Provinces of Madras and Onssa and approved by the Governor General- in-Council relating to the disputed villages in 1943. This would be on additional ground to justify our conclusion that the questions raised in the suit anise out of an instrument of a kind specified in the proviso to Article 131.

Were we to entertain the suit we would have to determine whether the 1920, 1923 and 1927 notifications and the 1943 agreement effected a reorganisation of the territories of the erstwhile Provinces of Madras and Onssa.

If they have, then they continue to bind the successor States under the Constitution.

It has been held in State of Punjab v. Balbir Singh AIR 1977 SC 629:“…. In our judgment when there is no change of sovereignty and it is merely an adjustment of territories by the reorganisation of a particular State, the administrative orders made by the Government of the erstwhile State continue to be in force and effective and binding on the successor States until and unless they are modified, changed or repudiated by the Governments of the successor States. No other view is possible to be taken. The other view will merely bring about chaos in the administration of the new States. We find no principle in support of the stand that administrative orders made by the Government of the erstwhile State automatically lapsed and were rendered ineffective on the coming into existence of the new successor States.”

We are therefore of the opinion that the disputes raised in this suit have been excluded from the original jurisdiction of this court by the proviso to Article 131 of the Constitution. On this short point the suit must fail and it is hereby dismissed. There will be no order as to costs. Needless to say we are not expressing any view on the respective contentions of the parties relating to the merits of the case.

At an interlocutory stage during the pendency of the proceedings this Court had passed an order dated 2-12-1968 directing status quo to be maintained between the parties. The parties now consent that the order of status quo may continue until it is varied by an appropriate authority in accordance with law.

Since we have dismissed the suit, we can only and do hereby record this agreement between the parties.

- 22 -

{¯ÿæÀÿæþëvÿæ D¨{Àÿ þæœÿ¿¯ÿÀÿ Óë¨÷çþ{LÿæsöZÿ Aæ{’ÿÉÀÿ {ÉÌæóÉ 24. After examining the averments and contentions advanced on behalf of both the parties, we do not deem it fit to grant the declaration sought by the plaintiff.

Consequently the prayer of the plaintiff is unsustainable and liable to be dismissed without any other relief.

25. The plaintiff has failed to establish before us that it had exercised administrative control over the disputed area after the creation of Orissa in 1936. The defendant has produced documents before us which entail that it is the State of Andhra Pradesh and its predecessor states which have been exercising the administrative jurisdiction over the disputed area. The defendant has also demonstrated that all the villages that are part of the Borra Group, lie within the Ananthagiri Mandal of the present-day Vishakhapatnam District (Exhibits. E; K/1; Q; R). The villages which comprise the disputed area are listed below: 1. Borra- Getuvalasa 2. Ninimamidi 3. Pedduru 4. Pooluguda 5. Bitrabeda 6. Dekkapuram 7. Kuntiyasimidi 8. Eguvamamidi valsa 9. Koyitiguda 10. Liddangi 11. Jeerugedda 12. Bisiaguda 13. Bodilibodi 26. The Orissa Order of 1936 did not intend to allocate the disputed area to the State of Orissa, even though it had been acquired by the Zamindar of the Jeypore (Impartible) Estate at a certain stage. After the formation of the province of Orissa, the disputed area was part of the Vizagapatam District of the erstwhile Madras Presidency and despite the contrary claims of the plaintiff, the disputed area was notified as part of the Srungavarapukota assembly constituency in the State of Andhra Pradesh. It is also pertinent to note that the plaintiff could not establish that the inhabitants of the disputed area recognize Oriya as their first language.

27. Therefore, in the light of these findings and considerations, we reject the prayer of plaintiff and the suit is dismissed accordingly. There will be no order as to costs.

- 23 -

HÝçÉæ F¯ÿó Aæ¤ÿ÷ ¨÷{’ÿÉ þëQ¿þ¦ê ’ÿ´ßZÿ Aæ{¨æÌ ¯ÿëlæþ~æÀÿ ¯ÿçüÿÁÿ†ÿæ 34. That the cause of action arose when after the formation of the defendant State under the Andhra Pradesh Act, 1953, the defendant started to question the plaintiff’s rights and jurisdictions over the disputed area and commenced intermittent acts of trespass into these areas. The cause of action further arose on 24.7.1968 when a police party of the defendant intruded into some villages within the ‘Disputed Area’ and again when the Chief Minister of the defendant in the course of the meeting with the Chief Minister of the plaintiff held at New Delhi on 12.9.1968 refused to stop acts of trespass into the territories of the plaintiff.

{LÿæsçAæ S÷æþ¨ëq D¨{Àÿ {ÜÿæB$#¯ÿæ 10/68 þLÿ”öþæÀÿ {ÉÌæóÉLÿë {œÿB Aæ¤ÿ÷ ¨÷{’ÿÉ †ÿÀÿüÿÀÿë ’ÿçAæ¾æB$#¯ÿæ f¯ÿæ¯ÿÀÿ Lÿçß’ÿóÉ (5) From the perusol of the 2006 judgement, it would appear that after the order of dismissal was pronounced, the parties appear to have made a statement that they had entered into an agreement. The Hon’ble court accordingly has recorded the statement of the parties to the following effect: “.... The parties now consent that the order of status quo may continue until it is varied by an appropriate authority in accordance with law. Since we have dismissed the suit, we can only and do hereby record this agreement between the parties.”

(6) From a perusal of the above, it is clear that the statement of the parties that was recorded after the Hon’ble court had already dismissed the suit. The fact that the Hon’ble court did not intend to pass any direction to that effect is also reflected from the following statement of the Hon’ble court.

“We can only and do hereby record this agreement between the parties.”

- 24 -

- 25 -

ÒLÐVÞA NõÐc `qЯÆ[eþ aÞaÐ]Ñ¯Æ eþÐSjè NõÐc jkþ `XÏÐ NõÐc 1. NÕÒSB `]eþ 2. [f NÕÒSB`]eþ 3. LÊeÊþXÏÞ `]eþ 4. ÒLÐVÞA 5. SÐ_ÞNÊXÏÐ 6. cÐXÏLÐeþ 7. aÐÀà¤Ð`ÐXÊ 8. ÒXÐmÞþAcèÐ 9. $¼NÊZ jÞÒ_eþÑ 10. $¼ÐVÊ jÞÒ_eþÑ 11. jmþ` NÊXÏÐ 12. L_Ð Ò]ÐeþÐ 13. kþeþcШÞÆ=Þ¼ 14. jÞXÏÞ aÐmþjÐ

15. ckÞþ`ÐZÞ 16. D`eþ ÒjcèÞ 17. [f ÒjcèÞ 18. ^ÊfÞ `]eþ 19. `Ð_çLÊaÐmþjÐ 20. ASÊàaÐmþjÐ 21. [ÐXÏÞaÐmþjÐ 22. h*¼eþaÐmþjÐ 23. _ÐeþXÏaÐmþjÐ 24. `_ÞLÞ 25. D`eþ`_ÞLÞ 26. eþZÐjÞÕ 27. jÞcÐNÐXÏÐ

ÒLÐVÞA NõÐc `qЯÆ[eþ @aÞaÐ]Ñ¯Æ NõÐc jkþ `XÏÐ NõÐc 28. aeþÐau 29. D`eþ aeþÐau 30. \ÊeÞþA 31. Leþ&¼NÊXÏÐ 32. VÐD`]eþ 33. cÐ\mþÐcè

34. NÊÒcmþ`]eþ 35. [fLÐÃÞ¤ 36. $ʼmþ`]eþ 37. jÐÒmþc`]eþ 38. LÐVöÐNÊXÏÐ 39. jÊfÞAcÐeþÑ - 26 -

- 27 -

- 28 -

- 29 -

- 30 -

- 31 -

- 32 -

- 33 -

- 34 -

ÒLÐeþÐ`ÊV SÞmîþÐeþ `õ\c SÞmîþÐ`Ðf*¼ TÞþ@*ʼ ÒLÐeþÐ`ÊVeþ `õ\c cÊSÊcÊmÞþ cÐNÞaÐ @ajeþÒeþ¼ Ð DLúf ]Þaj-2021 `Ðf_ `ÐBÜ 30.3.2021 ]Þ_ ÒLÐVÞA @qfeþ NõÐcaÐjÑ*¼ jkþ AÒmþÐQ_Ð

ÒLÐVÞA jcÐÒah 7.2.2018 ]Þ_eþ ÒaßWL ÒLÐVÞA WÐÒeþ DLúf ]Þaj-2021 hõÑ `Ð=Þ¼ cÐf[Þ Ò]ÐeþÐ, `Ëaà[_ jÐmÊþeþ aîLç @^Ôl D]çÒaÐ^_ Ò]DR«ÞƼ Ð

31 cÐnà, 2021 eþÐ[ÞÒeþ ÒLÐVÞA WÐÒeþ, ÒLÐVÞA jcjÔÐ D`Òeþ AÒmþÐQ_Ð

ÒLÐVÞAÒeþ DLúf ]Þaj-2021 @ajeþÒeþ - 35 -

jmþ`NÊXÏÐ NÜÐ ÒmþÐL*¼ jkÞþ[ hõÑ N]Ð^eþ jèÐBÜ

ÒLÐVÞAþ NõÐc`ÊÕSÒeþ DLúf ]Þaj-2021

ÒXÐmÞþAcèÐ NÜÐ ÒmþÐL*¼ jkÞþ[

XÐ*Þ¼_ÑHÒmþ=¼Ð aÐmjþÐ ScÞ ]mÞþmþ D`Òeþ []«Æ - 36 -

JXÏÞhÐ J cÐXöÐjeþ jÑcÐ _ÞwàÐeþZ? NÞmþaÞ*¼ Ló[Þ[é?

NÐmÞþNaç]eþ `ÐM `ÐkþÐXÏ D`Òeþ @ayÞ[¼ Ð

`pÐ=¼Ñ-[ÐXÏÞaÐmþjÐ (ÒkþeÞþÒVS ÒeþÐXÏ) eþЪÆÐeþ [ÐXÏa Þ ÐmþjÐ _]Ñ D`Òeþ _ÞcàÐZÐ^Ñ_ Ò`Ðmþ¼ Ð

jÑcÐ ]hàÐD\ÞaÐ [Ñeþ ]ÞNÒeþ NÒmþ HkÞþ `\eþ N]Ð cÞfÞa¼¼Ð ÒLÐVÞAþ `ÐM `ÐkþÐXÏ D`Òeþ¼¼Ð - 37 -

- 38 -

- 39 -

- 40 -

- 41 -

-42 -

HÝçÉæ Svÿœÿ {œÿB {S{fsú ¯ÿçj©ç

¨æ`ÿç{¨+æ fþç’ÿæÀÿê D¨{Àÿ þæœÿ¿¯ÿÀÿ ¨÷çµÿç LÿæDœÿÛçàÿZÿ Aæ{’ÿÉœÿæþæ

jcЩÆ