Citation : 2022 Latest Caselaw 882 AP
Judgement Date : 17 February, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE: CIVIL REVISION PETITION No.290 of 2022
PROCEEDING SHEET
Sl OFFICE
DATE ORDER
No NOTE
1. 17.2.2022 NJS, J
C.R.P. No.290 of 2022
Heard Mr.P.Veera Reddy, learned Senior
Counsel appearing for the petitioners, along with
Mr.D.S.Sivadarshan, Advocate.
Learned Senior Counsel inter alia contends
that the order under challenge is without
jurisdiction in as much as the provisions of the
Andhra Pradesh (Andhra Area) Tenancy Act have
no application at all to the projected case of the
respondent. He submits that even as per the
material placed before the learned Tenancy Tribunal, the dispute is based on an unregistered lease agreement, which also clearly discloses that the lease was granted for the purpose of aquaculture. By placing reliance on the judgment of Division Bench in Manchineni Venkata Ratnam v. District Judge, Krishna-cum-Appellate Tenancy Tribunal, 1999 (6) ALD 169 (DB) wherein it was held that allied operations viz., animal husbandry, dairy farming and pisciculture have been specifically excluded from the purview of the Tenancy Act, learned Senior Counsel submits that the Tribunal lacks inherent jurisdiction to entertain A.T.C. and therefore, the order impugned is not sustainable.
Prima facie, this Court finds merit in the submissions made by learned Senior Counsel.
C.R.P. No.290 of 2022
Accordingly, there shall be interim suspension as prayed for, for a period of eight (8) weeks.
List the matter after four (4) weeks.
Issue notice to the respondents.
Learned counsel for the petitioners is permitted to take out personal notice to the respondents and file proof of service in the Registry.
_________ NJS, J vasu
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