Disposed

Maloth Bhjojya v. Vunnam Laxmibai

Telangana HC21 Feb 2013CRP/3183/2011

Case brief

AI extract

What is this about?

This common order disposed of two civil revision petitions regarding suits over land in an agency area. Relying on Narayan Grameena Bank, the Court held that Civil Courts lack jurisdiction in scheduled areas. It set aside orders transferring suits to a Mobile Court and directed transfer to the Agent to the Government.

What did the court decide?

Suits ordered transferred to Agent to the Government, Khammam District. Interlocutory applications allowed before Agency Court.

Maloth Bhjojya Vs Vunnam Laxmibai — Constitutional and Fundamental Rights | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3183 of 2011 and CIVIL REVISION PETITION No.4340 of 2011

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DATED: 21.02.2013

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C.R.P.No.3183 of 2011: Between: Maloth Bhojya ... Petitioner/Defendant And Vunnam Laxmibai … Respondent/Plaintiff C.R.P.No.4340 of 2011: Between: V.Koteswara Rao and others ... Petitioners And Maloth Bhojya … Respondent The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3183 of 2011 and

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CIVIL REVISION PETITION No.4340 of 2011

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COMMON ORDER:

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C.R.P.No.3183 of 2011 arises out of the order dated 29.07.2011 passed by the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, in I.A.No.114 of 2011 in O.S.No.139 of 2011 restraining the defendant, Maloth Bhojya, from interfering with the possession of the plaintiff, Vunnam Laxmibai, over the suit schedule land measuring Ac.6.00 guntas in Survey No.82/2/A/A of Pokalagudem village, Chandrugonda Mandal, Khammam District.

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2. C.R.P.No.4340 of 2011 arises out of the order dated 17.08.2011 passed by the learned Principal Junior Civil Judge, Kothagudem in I.A.No.293 of 2011 in I.A.No.323 of 2010 in O.S.No.357 of 2010 directing police aid for implementing the injunction order passed in C.M.A.No.4 of 2010. By order dated 11.11.2010 passed in C.M.A.No.4 of 2010, the learned Senior Civil Judge, Kothagudem, allowed the appeal granting a temporary injunction restraining the defendants, Vunnam Koteswara Rao, Vunnam Narasimha Rao and Vunnam Laxmibai, from interfering with the possession and enjoyment of Maloth Bhojya, over the petition schedule property of Ac.10.00 guntas of dry land situated in Survey No.82/2/A/AA of Pokalagudem village.

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3. It is pertinent to note that Vunnam Laxmibai, the plaintiff in O.S.No.139 of 2011 is no other than the 3^rd defendant in

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O.S.No.357 of 2010 from which C.M.A.No.4 of 2010 arose. The order dated 29-07-2011 passed in favour of Vunnam Laxmibai in O.S.No.139 of 2011 was suspended by this Court in C.R.P.No.3183 of 2011 on 08.08.2011.

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4. Sri Palivela Satyaraja Babu, learned counsel appearing for Maloth Bhojya, stated that Transfer C.M.P.No.470 of 2011 had been filed by his client seeking the transfer of the suit O.S.No.139 of 2011 from the file of the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, to the file of the Principal Junior Civil Judge, Kothagudem and this Court was pleased to allow the same on 24.10.2011.

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5. However, in the light of the judgment of the Supreme Court in ‘Nagarjuna Grameena Bank Vs. Medi Narayana’ (Civil Appeal Nos.5030 – 5036 of 2004), the jurisdiction of the Civil Courts would be barred in cases where the whole cause of action arose in a scheduled area. Admittedly, the land which is the subject matter of the two suits is situated in an agency area and Maloth Bhojya is a member of a schedule tribe. The learned Principal Junior Civil Judge, Kothagudem, would therefore not have jurisdiction to entertain the suits despite the order of this court in Tr.C.M.P.No.470 of 2011. In the light of the later judgment of the Supreme Court, the order passed by this Court in the said Tr.C.M.P. would stand negated and the matters would necessarily have to be heard by the Agency Court alone. As per the A.P. Agency Rules, 1924, the jurisdiction to hear these two suits would now vest in the Agent to the Government, Khammam District. The

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two suits, O.S.Nos.139 of 2011 and 357 of 2010, shall accordingly stand transferred to the file of the Agent to the Government, Khammam District.

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6. As regards the interlocutory relief to be granted, it is to be noticed that there is a dispute between the parties as to the identity of the land claimed by them. The order passed by the Senior Civil Judge, Kothagudem, in C.M.A.No.4 of 2010 reads to the effect that the extents claimed by the parties are distinct and separate. This is supported by the fact that the extents claimed by the parties are shown in different survey numbers. However, Sri Palivela Satyaraja Babu, learned counsel, would contend that this was not so and that the extent in dispute is the same land. As this aspect of the matter requires further examination, it would be open to the parties to file appropriate applications before the Agent to the Government for interlocutory relief.

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7. The two civil revision petitions are accordingly disposed of setting aside the orders under revision in the light of the aforestated directions. CRP MP No.4586 of 2011 in CRP No.3183 of 2011 and CRP MP No.6148 of 2011 in CRP No.4340 of 2011 shall stand dismissed in the light of this final order. No costs.

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_________________ SANJAY KUMAR, J

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Date: 21^st February, 2013 Pab/Bss

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HON’BLE SRI JUSTICE SANJAY KUMAR

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CIVIL REVISION PETITION No.3183 of 2011 and CIVIL REVISION PETITION No.4340 of 2011

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Date: 21^st February, 2013

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Pab/Bss

Maloth Bhjojya v. Vunnam Laxmibai

Case brief

What is this about?

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Maloth Bhjojya v. Vunnam Laxmibai

Case brief

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