Telangana High Court
Government Of Andhra Pradesh vs Syed Kazim on 16 December, 2022
Bench: M.Laxman
THE HON'BLE SRI JUSTICE M.LAXMAN
APPEAL SUIT Nos.1962 of 1999, 2571 of 2001 and 140 of
2006
COMMON JUDGMENT:
1. This common judgment disposes of the above three appeals.
The question involved in all the appeals is one and the same and
further the subject matter in the appeals is same survey number.
A.S.No.1962 of 1999 is directed against the judgment and decree
dated 24.12.1998 in O.S.No.85 of 1996, A.S.No.2571 of 2001 is
directed against the judgment and decree dated 24.12.1998 in
O.S.No.84 of 1996, A.S.No.140 of 2006 is directed against the
judgment and decree dated 24.12.1998 in O.S.No.83 of 1996 on
the file of the Court of learned Senior Civil Judge at Adilabad. All
the suits were filed for the relief of declaration of title and
perpetual injunction. All the suits were decreed by the Court
below. Aggrieved by the same, the appellants-defendants
preferred the present Appeals.
2. The reliefs sought in all the suits are declaration of title and
perpetual injunction. The said relief is sought for in respect of
agricultural lands admeasuring Ac 30.00 gts in survey No.67/265
corresponding to old survey No.51/13 situated at Nagalkonda
2
Village in O.S.No.85 of 1996. Similar relief is sought for in respect
of land admeasuring Ac 30.00 gts in survey No.67/259
corresponding to old survey No.51/10 situated at Nagalkonda
Village in O.S.No.84 of 1996. The same relief is also sought for in
respect of land admeasuring Ac 30.00 gts in survey
No.67/263(new) corresponding to old survey No.51/13 situated at
Nagalkonda Village. All the plaintiffs sourced their title from one
Zakaria, who was the original owner of the subject lands. The
appellants in the Appeals are defendants in the Suits.
3. Heard.
4. Point for consideration:
Whether Suit before Civil Court is maintainable in respect of
Agency area ?
Point:
5. The appellants contested the claim of the respondents
herein stating that the suit lands are Government lands. At the
stage of hearing, it is stated that the subject lands are located in
Nagalkonda Village, at Narnool Mandal, Utnoor Taluk and the
said Nagalkonda Village is referred to at serial No.38 in the list of
notified scheduled villages. Since, the said lands are situated in
Agency area, there is bar on the exercise of jurisdiction of Civil
Court. Therefore, the Court below ought not to have entertained
the suits in respect of lands pertaining to Agency area.
6. Learned Government Pleader also brought to the notice of
the Court that specific plea pertaining to the bar of suit was also
raised in the written statements filed by the appellants in
respective suits but the Court below has not considered the said
issue.
7. In view of the facts and circumstances, it is needless to say
that once the lands fall under the purview of Agency area, there is
bar on the exercise of jurisdiction by Civil Court. Therefore, the
Court below ought not to have entertained the Suits. On this
ground, the Appeals require to be allowed.
8. In the result, the Appeal Suit Nos.1962 of 1999, 2571 of
2001 and 140 of 2006 are allowed by setting aside the respective
judgments and decrees in O.S.Nos.85, 84 and 83 of 1996 passed
by the Court below. The respective plaints are ordered to be
returned to be presented before the appropriate Court. No costs.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________
JUSTICE M.LAXMAN
16.12.2022
ESP
THE HON'BLE SRI JUSTICE M.LAXMAN
A.S.Nos.1962 of 1999, 2571 of 2001 and 140 of 2006
Dated: 16.12.2022
ESP
