Datla Suryanarayana Raju vs Alluri Saronini Sarojini Devi
2022 Latest Caselaw 5903 Tel

 THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

                  C.R.P.No.4950 of 2013
ORDER:

This Civil Revision Petition is filed by the petitioners/

plaintiffs assailing the order dated 10.10.2013 in OS (SR)

No.3002 of 2013 on the file of the learned Principal Junior

Civil Judge, Kothagudem.

2. The petitioners/plaintiffs have filed OS (SR)

No.3002 of 2013 for perpetual injunction against the

defendants restraining them from interfering with their

peaceful possession and enjoyment over the land

admeasuring Ac.2.20 guntas in Survey No.39 old,

corresponding to new Survey No.39/AA/2 and 39/AA/4

situated at Mallaram Revenue Village of Samithi Singaram

Grampanchayat, Manuguru Mandal. The Office of the

Principal Junior Civil Judge, Kothagudem has taken an

objection asking to file a certificate issued by the

competent authority showing that Manuguru Mandal

where the cause of action arose and suit schedule property

situated does not fall under the Agency area, in view of the

judgment of the Hon'ble Supreme Court in Appeal

Nos.1530-1536 of 2004, dated 25.09.2012. But the learned

AVRJ CRP No.4950 of 2013

counsel for the plaintiffs has resubmitted the plaint and

argued the matter.

3. On considering the submissions made by the

learned counsel for the plaintiffs and also verifying the

relevant records, the learned Principal Junior Civil Judge

Kothagudem, returned the plaint with a speaking order.

Relevant paras-5 & 6 are extracted as under:

"5. As per the Schedule Area (Part-B States) Order 1950 dated 7-12-1950 at Sl.No.12 it is mentioned all the villages of Yellandu of Warangal District (excluding Yellandu, Singareni and Sirpur villages and the town of Kothaguda). Sl.No.13 all the villages of Paloncha taluq of Warangal District (excluding Paloncha, Burampahad, Aswaraopet, Dammapet, Kukunoor and Nellipaka villages and (II) Samathan of Paloncha) are agency areas. As per photo copy of Government of Hyderabad Revenue Department Notification dated 21-4-1950 Mulugu Taluq of Warangal District consisting of 218 villages in Girdawar Circle of Nellipaka, girdawar Circle of Burgampahad shown in Paloncha, 157 villages Girdawar circle Kukunoor, Girdawar Circle Aswaraopet, Girdawar circle of Dammapet, Girdawar circle Chandrugonda, Girdawar circle Paloncha shown. Girdawar circle Singareni, Girdawar circle Sujathanagar, Girdawar circle Garla, Girdawar circle Gundala. It is pertinent to note that Revenue Department of Hyderabad issued notification dated 21-4-1950 sitting that in exercise of powers conferred by section 5 of Hyderabad land Revenue Act No.8 1317 F and in suppression of all

AVRJ CRP No.4950 of 2013

previous orders in this behalf H.E.H. the Nizam is hereby pleased to direct that the Talukas mentioned in column No.4 of the schedule annexed to the Revenue Department Notification No.10 dated 21-4-1950 shall consist of the villages mentioned against each of the 16 schedules annexed hereto. This will take effect from 6th May, 1950 (Hamlets have been shown with alphabets under the man villages).

6. In the Presidential Order it is mentioned only Yellandu taluq and Paloncha taluq. It is specifically mentioned excluding Paloncha, Burgampahad, Aswapuram. Pinapaka, Kukunoor and Nellipaka villages. Therefore, only villages excluded. At the time of presidential Order dt: 7-12-1950, there is no mention of Burgampahad taluq as pleaded by the plaintiffs. The petitioner contending that Burgampahad taluq established prior to Presidential Order as such schedule area is not applicable to the Burgampahad taluq. The Government of Hyderabad Revenue Department issued notification about Taluqs and its villages only but not schedule areas. Manugur comes under girawar circle of Nellipaka. As per Presidential Order only Nellipaka excluded from agency area but not Manugur. Therefore, the contention of the plaintiff that Manugur village falls under non-agency area is not at all tenable. Therefore, I am of the view that this court has no jurisdiction to entertain the suit. Accordingly this point is answered."

4. Heard learned counsel for the petitioners. None

appeared on behalf of the respondents. Perused the

material available on record.

AVRJ CRP No.4950 of 2013

5. The learned counsel for the revision petitioners/

plaintiffs would submit that earlier this Court in CRP

No.3206 of 2013 has observed that Manuguru where the

cause of action arose is not an Agency area and in view of

the orders in CRP No.3206 of 2013, dated 24.07.2013, the

learned Principal Senior Civil Judge, Kothagudem erred in

returning the plaint for filing before the competent

authority.

6. Perused the orders in CRP No.3206 of 2013

wherein a learned single Judge of this Court has held that

as per the averments in the plaint, the suit transaction is

said to have arisen at Manuguru and part of the cause of

action is said to be at Khammam. Accordingly, the Court

below was directed to consider the allegations in the plaint

prima facie and directed to number the suit subject to the

objections raised.

7. Whereas, in the case on hand, the suit schedule

property is situated at Mallaram Revenue Village of Samithi

Singaram Grampanchayat, Manuguru Mandal. It is in

respect of the immovable property, entire land is situated

within the limits of Manuguru Mandal.

AVRJ CRP No.4950 of 2013

8. It is pertinent to note that the Hyderabad

Revenue Department has issued a notification dated

21.04.1950 stating that in exercise of powers conferred by

Section 5 of Hyderabad Land Revenue Act No.8 of 1317

Fasli and in supersession of all the previous orders in this

behalf, H.E.H. the Nizam was pleased to direct that the

Talukas mentioned in column No.4 of the schedule

annexed to the Revenue Department Notification No.10

dated 21-4-1950 shall consist of the villages mentioned

against each of the 16 schedules annexed thereto.

9. Be it stated that in the Presidential Order, it is

only mentioned Yellandu taluq and Paloncha taluq. It is

specifically mentioned excluding Paloncha, Burgampahad,

Aswapuram, Pinapaka, Kukunoor and Nellipaka villages.

At the time of Presidential Order dated 07.12.1950, there is

no mention of Burgampahad taluq as pleaded by the

plaintiffs. The Court below has arrived at a conclusion

that Manuguru comes under the Girdawar circle of

Nellipaka and as per the Presidential Order, Nellipaka only

is excluded from the Agency area, but not Manuguru.

Therefore, I do not find any jurisdictional error committed

AVRJ CRP No.4950 of 2013

by the Court below in returning the plaint holding that the

suit schedule property falls within the limits of Manuguru

Mandal, which is an Agency area. Accordingly, the Court

below has rightly returned the plaint for presentation

before the appropriate forum.

10. In the result, the Civil Revision Petition is

dismissed confirming the order impugned dated

10.10.2013 in OS (SR) No.3002 of 2003 on the file of the

Principal Junior Civil Judge, Kothagudem. However, in the

circumstances of the case, there shall be no order as to

costs.

As a sequel, interlocutory applications, if any pending

in this revision petition, shall stand closed.

__________________________________ A. VENKATESHWARA REDDY, J.

Date: 16.11.2022 Isn