Writ petition filed by a non-party to an underlying civil suit to declare lack of civil court jurisdiction. The court dismissed the petition as devoid of merits, noting the petitioner could have been added as a party in the suit.
Writ petition dismissed; leave open to avail remedies under law.
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THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 19832 of 2005
DATED: 08-09-2005
Between:
Tata Rama Krishna, S/o. Late Tata Sri Rama Murthy, R/o. Ilavaram, Bhattiprolu Mandal, Guntur District.
..... PETITIONER
AND
Ilavaram, Bhattiprolu Mandal, Rep by its Manager
.....RESPONDENTS
Counsel for the Petitioner: Mr.N.GURU GOPAL Counsel for the Respondents No.1 to 3: GP FOR ENDOWMENTS Counsel for the Respondents No.4 to 7 : Ms. I. INDRANI
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 19832 of 2005
ORDER:
This writ petition is filed to declare that the 1st Additional Junior Civil Judge, Repalle has no jurisdiction to entertain the suit in O.S. No. 348 of 2005.
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents 1 to 3.
Learned counsel for the petitioner contended that under Section 85(3), 150 and 151 of the Endowments Act, and also as per the decision of this Court reported in “Labhala Samanthakamani v. The Court of District Munsif, Ichapuram, and others” the Civil Courts have no jurisdiction. He further contended that in view of Section 85(3), the civil court is totally debarred from entertaining the suit.
In the above said suit, the present petitioner is not a party. No order has been passed in favour of the petitioner by the concerned authorities to declare him as a landless poor person. When the petitioner raised an objection that the civil court has no jurisdiction, nothing prevented him to add him as a party in the suit and raise such an objection.
Therefore, the writ petition is devoid of merits and accordingly dismissed leaving open to the petitioner to avail all the remedies available under the law. No order as to costs.
K.C.BHANU, J.
Dated:08-09-2005.
rns
1 issue framed by the court
Whether a civil suit involving endowments jurisdiction can be challenged by a non-party to the suit via writ petition.
Tata Rama Krishna
Sri Rameswara Swamy Vari Devasthanam
The Asst. Commissioner of Endowments, Guntur
Dy. Commissioner of Endowments, Guntur
Vanapalli Sambasivarao
Ganti Srinivasa Rao
K.C. BHANU
As recorded by the court registry
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