THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.14679 of 1997 ORDER: Petitioners 1 and 2 are organizations established for protection of rights of persons belonging to depressed classes or scheduled castes, living in the schedule areas in the State of A.P. The grievance of the petitioners is that though the special laws were enacted for protection of depressed sections living in the schedule areas, such protection is restricted only to scheduled tribes, and the persons belonging to scheduled castes are extended certain other benefits. An elaborate affidavit is filed reflecting the alleged anomaly in the operation of regulations made exclusively for the schedule areas and it is prayed that a direction be issued to the Government of India and the Government of A.P. to recognize and protect the property rights of madigas and malas, living in the schedule/agency areas, on par with the scheduled tribes. It is also prayed that respondents 7 and 8 viz., the Agent to the Government and the Special Deputy Collector Utnoor, be directed not to cancel the pattas that stand in the name of malas and madigas in their respective areas, wherever they are in long standing possession of the lands. A counter-affidavit is filed on behalf of respondents 5 to 8. The history of the special legislation for agency areas is referred to in brief. The Agency Tracts Interest and Land Transfer Act 1917 and other legislations that remained in force in Telangana area before independence were also referred to. It is stated that the A.P. Land Transfer Regulation No.I of 1959 was enacted by the Governor under para 5 of schedule V of the Constitution of India and such a power cannot be meddled with by this Court in any manner. Heard Sri M.V.S.Suresh, learned counsel for the petitioner, and learned Senior Standing Counsel for the Central Government and learned Government Pleader for Social Welfare. On the basis of the geographical characteristics and pattern of lives of the individuals living therein, certain areas are notified as agency tracts. This phenomenon existed much prior to the independence of the country. Special laws were enacted by the concerned authorities from time to time to protect the rights of the persons living in the agency areas, which are also called as schedule areas. The thrust is to protect the rights of tribals. Different laws are notified under the relevant enactments. Transfer of lands in the schedule areas in favour of any other person is either discouraged or prohibited. The social status of any individual other than a scheduled tribe, hardly matters in the context of implementation of the special laws. The Constitution of India had a separate provision in the form of schedule V, in this regard. The Governors of the respective States are vested with the power to enact laws for the protection of scheduled tribes in the schedule areas. The protection accorded to this section of people is so severe that even the State Legislators are not vested with the power to enact laws to govern their affairs. When such is the nature of protection accorded to the scheduled tribes living in the schedule areas, this Court cannot just think of adding any new items to the list of castes covered by the schedule. Even if it can be said that the petitioners made out a valid case to bring the scheduled castes under the umbrella of special laws operating in the schedule areas for the protection of scheduled tribes, it is for the Governor or the Central Government, either to amend the existing laws, or to enact new ones. Howsoever appealing the case of the petitioners may be, this Court does not have the jurisdiction or power to accede to the request. Hence, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dated:10.12.2008 GJ