Telangana High Court
Chavan Prakash vs Allampally Surender Reddy on 23 August, 2024
1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
*****
CIVIL REVISION PETITION NO.1959 OF 2024
Between:
Chavan Prakash
...Petitioner
AND
1. Allampally Surender Reddy and two others
...Respondents
ORDER PRONOUNCED ON: 23.08.2024
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE K.SARATH
1. Whether Reporters of Local : Yes/No
newspapers may be allowed to see
the Judgment ?
2. Whether the copies of judgment : Yes/No
may be marked to Law
Reports/Journals
3. Whether Their Lordship/Ladyship : Yes/No
wish to see the fair copy of
judgment
_____________________
JUSTICE K.SARATH
2
+CIVIL REVISION PETITION No.1959 of 2024
%Dated 23.08.2024
# Chavan Prakash
...Petitioner
AND
$ Allmpally Surender Reddy and two others
...Respondents
! Counsel for Petitioner : Sri R.Mangulal
^ Counsel for Respondents : Sri A.Srinivas
< GIST :
> HEAD NOTE :
? Cases referred :
1. 2001 (1) ALT 396
2. 2000 (4) ALT
3. (2013) 11 SCC 367
3
THE HON'BLE SRI JUSTICE K.SARATH
CIVIL REVISION PETITION No.1959 of 2024
ORDER:
1. This Civil Revision Petition is filed under Article 227
of the Constitution of India, questioning the orders
passed in I.A.No.3 of 2023 in Case
No.A4/CPC/1541/2022 on the file of Additional Agent to
Government & Project Officer, ITDA, Adilabad,
Headquarters at Utnoor.
2. Heard Sri R.Mangulal, learned Counsel for the
petitioner and Sri A.Srinivas, learned Counsel for
respondents.
3. The petitioner herein filed suit for injunction on
the file of Additional Agent to Government and Project
Officer, Integrated Project Development Agency (for short
'ITDA') under Order VII, Rule-1, read with Section 151 of
Civil Procedure Code and Rule 42 of Agency Rules, 1924
and it was numbered as Case No.A4/CPC/1541/2022.
In the said suit, the petitioner filed I.A.No.3 of 2023 in
Case No.A4/CPC/1541/2022 to send certain documents
to handwriting expert, was dismissed. Being aggrieved by
the same, the present Civil Revision Petition is filed.
4. At the time hearing the Civil Revision, this Court
surprised to see that the Additional Agent to Government
& Project Officer, ITDA, Utnoor is entertaining Civil
Suits under Telangana Agency Rules, 1924, without
having any power and jurisdiction.
5. Therefore, on 12.07.2024 this Court directed the
Agent to Government/District Collector, Adilabad and the
Additional Agent to Government and Project Officer,
ITDA, Utnoor to submit a detailed report with regard to
entertainment of Civil Suits by the Additional Agent to
Government and Project Officer/ITDA, Utnoor.
6. In compliance of the direction of this Court dated
12.07.2024, the Agent to Government/District Collector,
Adilabad submitted a report to this Court through RC
No.F1/732/2024, dated 31.07.2024 and the relevant
portion of the said letter is as follows:
" In compliance with the above mentioned orders, it is to
submit that as per the powers vested in G.O.Ms.No.193,
Revenue (Serv.I) Department, dated 17.04.2002 and
G.O.S.No.274, General Administration (Special.A) Department
dated 15.06.2002, the Agent to Government and the then
District Collector, Adilabad, vide Rc.No.D4/1246/2002 dated
17.12.2002 has requested the Project Officer, Integrated Tribal
Development Agency, Utnoor to entertain fresh appeals and
suits filed under APSALTR/Agency Rules and subsequently
vide District Collector, Adilabad Rc.No.D/694/2003 dated
28.05.2003 all the agency suits/appeals pending at Collectrate
(erstwhile Adilabad District) have been transferred to Project
Officer, ITDA, Utnoor.
In accordance with the above, the Project Officer,
Integrated Tribal Development Agency, Utnoor has been
entertaining all fresh suits/appeals filed under
APSALTR/Agency Rules of erstwhile Adilabad District, i.e.
including Adilabad, Nirmal, Mancherial and Kumuram Bheem-
Asifabad District"
7. The above report clearly shows that as per the
directions of the then Agent to Government/District
Collector, Adilabad vide R.C.No.D4/1246/2002 dated
17.12.2002, the Additional Agent to Government and
Project Officer, ITDA, Utnoor is entertaining the Civil
Suits filed under Agency Rules, 1924 of erstwhile
Adilabad District i.e. areas including Adilabad, Nirmal,
Mancherial and Kumram Bheem Asifabad Districts.
8. The G.O.Ms.No.193, Revenue (Ser.I) Department
dated 17.04.2002 was issued delegating powers to the
Project Officer/ITDA, under Para 5(1) of the Fifth
Scheduled to the Constitution of India read with Section
3 of the Andhra Pradesh District Collectors Powers
(Delegation) Act, 1961 (Act.No.XXXII of 1961) and in
modification of the Notification issued in G.O.Ms.No.19,
Revenue (W) Department dated the 08.01.1987, the
Governor of Andhra Pradesh authorized the Project
Officers, Integrated Tribal Development Agencies,
Srikakulam, Vizianagaram, VIsakhapatnam, East
Godavari, West Godavari, Khammam, Warangal and
Adilabad Districts in so far as the Scheduled Area is
concerned, to exercise all the powers vested in the
District Collectors by or under the laws mentioned
below:-
(1) The Andhra Pradesh Scheduled Areas Land Transfer Regulation,
1959 (Regulation No.1 of 1959)
(2) The Andhra Pradesh (Scheduled Areas) Money Lenders Regulation
1960 (Regulation No. I of 1960).
(3) The Andhra Pradesh (Scheduled Tribes) Debt Rellef Regulation
1960 (Regulation No.II of 1960).
(4) The Andhra Pradesh (Scheduled Tribes) Debt Relief Regulation
1970 (Regulation No.II of 1970).
(5) The Andhra Pradesh Mahals (Abolition and conversion into
Ryotwari) Regulation 1969 (Regulation No.I of 1969).
(6) The Andhra Pradesh Muttas (Abolition and conversion into
Ryotwari) Regulation 1969 (Regulation No. II of 1969)
(7) The Andhra Pradesh Scheduled Areas Ryotwari Settlement
Regulation, 1970 (Regulation No.Il of 1970) (Regulation No.II of
1970).
9. After issuing G.O.Ms.No.193, Revenue (Ser.I)
Department dated 17.04.2002, the State Government
issued G.O.Ms.No.274, General Administration
(Special.A) Department, dated 15.06.2002, streamlining
the administration in Tribal Sub Plan Areas to gear up
implementation of development programs and
strengthening of single line administration issued
comprehensive orders delegating powers of the District
Collectors/Joint Collectors/District Revenue Officers, to
the Project Officers of ITDAs. The appendix annexed to
the said G.O., reads as follows:
APPENDIX
(G.O.Ms.No.274, General Administration (Special.A) Department, dated
15.06.2002, Powers of District Collectors, Joint Collectors and District
Revenue Officers delegated to Project Offices, Integrated Tribal Development
Agencies)
(1) Public Servants
1. Confidential Reports of all Gazetted Officers in the Revenue
Department including the Mandal Revenue Officers in sub plan area
2. Confidential Reports of all Gazetted Officers of other Departments
within sub plan area, including Police, Forest Departments etc
3. Enquiry into allegations against the Gazetted Officers in the sub
plan area
(2) Planning and Development
1. All works relating to planning and development within sub plan area
2. Control and supervision over officers doing development work within
sub plan area as Project Executive Officers and Block Development
Officers
(3) Agency
1. In the capacity of Addl. Agent to Govt., he will attend to the following
duties.
(a) Agency administration and development
(b) He will appellate authority over the orders passed by the Special
Deputy Collector (TW) on LTR
(c) The Collector will continue to retain the power of appellate authority
and interfere with the orders if he so chooses
2. The AP Scheduled Areas Land Transfer Regulation, 1959 (AP
Regulation No. 1 of 1959)
3. The AP (Sch. Tribes) Money Lenders Regulation 1 of 1960
4. The AP (Sch. Tribes) Debt Relief Regulation 11 of 1960
5. The AP Mahals (Abolition and Conversion into Ryotwari) Regulation
1960 and 1970
(4) Inspection
1.Inspection of works of all Departments situated in sub plan area
(5) Magisterial Powers of Additional District Magistrate
1. Powers under Criminal Procedure Code in the sub plan area
(6) Forests
1. Andhra Pradesh (Andhra Area) Preservation of Private Forest
Act (Act XII of 1954) in sub plan area
2. The Andhra Pradesh Forest Manual in sub plan area
3. The Andhra Pradesh Act, 1967 (Act 1 of 1967) in sub plan area
(7) Epidemics
1. The Andhra Pradesh Public Health Act (Act. III of 1983)
(8) Miscellaneous
1. Cooperative Societies Act
2. Weights and Measures
3. Fisheries
10. A perusal of the above G.Os clearly shows that the
powers of the Agent to Government and District Collector
under A.P.Agency Rules, 1924 are not delegated to the
Project Officer and Additional Agent to Government,
ITDA. But, without any power or jurisdiction the then
District Collector/Agent to Government, Adialabad
issued Proc.No.D4/1246/2002 daed 17.12.2022
delegating his powers to the Additional Agent to the
Government and Project Officer, ITDA, Utnoor to
entertain fresh appeals and suits filed under Agency
Rules, 1924 which is contrary to the G.O.Ms.No.193,
Revenue (SER.I) Department dated 17.04.2002 and
G.O.Ms.No.274, General Administration (Special.A)
Department, dated 18.06.2002.
11. This Court in Kodimi Rajamma Vs. Principal
Secretary, Home (Courts-A) Department1 dealt with the
particulars and jurisdiction of the Courts in Scheduled
2001 (1) ALT 396
Areas and its pecuniary jurisdiction in Telangana Agency
Rules, 1924 and the relevant portion is as follows:
" Under Section 6 of the Scheduled Districts Act, 1874 the
Governor made The A.P. Agency Rules, 1924 (for short 'Agency
Rules') for the administration of Agency Tracts and for regulation of
the procedure of the officers appointed to administer them. As per
the Agency Rules, 3-tier system of the Agency Tracts are
contemplated i.e., Agency Munsee, Agency Divisional Officer and
Agent to the State Government. The Collector of the concerned
District of the concerned Scheduled Area is designated as Agent to
the State Government. The Agency Courts have the power to try all
suits of civil nature excepting the suits of which their cognizance is
either expressly or impliedly barred. As per the pecuniary
jurisdiction conferred on the Agency Courts, the Agency Munsee
shall have cognizance of suits for moveable and immoveable
properties not exceeding in value of Rs. 500/-, Agency Divisional
Officer not exceeding the value of Rs. 5,000/- and exceeding the
value of Rs. 5,000/- the Agent to the State Government.
" ....... As per the Scheme of the Scheduled Districts Act and the
Agency Rules made thereunder by the Governor for the
administration of Agency tracts and for regulation of the procedure
of the officers appointed to administer them, the Agency Munsif,
Agency Divisional Officer and the Agent to the State Government
are alone vested with the respective judicial powers in the
Scheduled areas and none else can exercise the judicial powers in
the Scheduled areas excepting the Agency Munsif, Agency
Divisional Officer and Agent to the State Government".
12. This Court while dealing with the issue
entertaining of Civil Suits in the scheduled areas by
the Civil Courts in Makadam Venakteswara Rao
and others Vs., Subordiante Judge,
Kothagudem, Khammam District and another 2,
held as follows:
"6. xxxx
".....Under Article 244 of the Constitution of India,
the provisions of the Fifth Schedule shall apply to the
administration and control of the Scheduled Areas
and Scheduled Tribes in the State. Fifth Schedule
deals with the provisions as to the administration and
control of Scheduled Areas and Scheduled Tribes.
Paragraph 5 of the Fifth Schedule reads as follows:
"5. Law applicable to Scheduled Areas:--(1)
Notwithstanding anything in this Constitution, the
Governor may by public notification direct that any
particular act of Parliament or of the Legislature
of the State shall not apply to a Scheduled Area or
any part thereof in the State subject or shall apply
to a Scheduled Area or any part thereof in the
State subject to such exceptions and modifications
as he may specify in the notification and any direction
given under this sub-paragraph may be given as to
have retrospective effect.
(2) The Governor may make regulations for the
2000 (4) ALT 163
peace and good Government of any area in a State
which is for the time being a Scheduled Area.
In particular and without prejudice to the generality
of the foregoing power, such regulations, may,--
(a) Prohibit or restrict the transfer of land by or
among membersof the Scheduled Tribes in such
area;
(b) Regulate the allotment of land to members of
the Scheduled Tribes in such area;
(c) Regulate the carrying on of business as money-
lender by persons who lend money to
members of the Scheduled Tribesin such area.
(3) In making any such regulation as is referred to in
sub-paragraph (2) of this paragraph, the Governor may
repeal or amend any Act of Parliament or of the
Legislature of the State or any existing law which is for
the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be
submitted forthwith to the President and, until
assented to by him, shall have no effect.
(5) No regulation shall be made under this
paragraph unless the Governor making the regulation
has, in the case where there is a Tribes Advisory Council
for the State, consulted such Council."
As seen from the paragraph 5 of the Fifth
Schedule, the Governor may by public notification direct
that particular act of the Parliament or of the Legislature
of the State shall not apply to a Scheduled Area or any
part thereof.
The Tribal areas are mainly inhabited by tribes, who
by fact of their being primitive and innocence, are
extremely vulnerable to exploitation by plains people. The
tribals, besides them, having been governed by tribal
customs and laws, cannot be brought under the laws
that govern the plains men. Those particularities of the
tribal areas have been taken into consideration by the
makers of the Indian Constitution and special provisions
have been enacted for administration and control of
the Scheduled Areas and Scheduled Tribes in the Fifth
Schedule of the Constitution. Scheduled Areas are
popularly known as Agency Areas. The Governor, who is
responsible for the administration of the Scheduled
Areas, functions through the District Collector, who
acts as Agent of the Government, so far as the Scheduled
Areas in the Districts are concerned. Scheduled Areas
are under immediate control of the Agent (District
Collector). Several enactments have been made for the
administration and control of the Scheduled Areas and
Scheduled Tribes. These enactments only govern over
the Scheduled Areas which are also known as Agency
Areas. One of such enactments is the Scheduled District
Act, 1874 (Act 14 of 1874). Section 6 of the Scheduled
District Act reads as follows:
"6. Appointment of Officers and regulation of their
procedure--Thelocal Government may from time to time--
(a) appoint officers to administer Civil and Criminal justice
and to superintendent the settlement and collection of
public revenue, and all matters relating to rent and
otherwise to conduct the administration, within the
Scheduled Districts.
(b) regulate the procedure of the officers so as to appoint:
but not so as to restrict the operation of any enactment for
the time being in force in any of the said districts.
(c) Direct by what authority any jurisdiction, powers or
duties incident to the operation of any enactment for the
time being in force in such district shall be exercised or
performed."
Under Section 6 of the Scheduled District Act, 1874,
the Governor is pleased to make the Andhra Pradesh
Agency Rules, 1924 for administration of Agency Tracts
and for regulation of the procedure of the officers appointed
to administer them. Civil justice and jurisdiction of the
Courts have been entrusted to the concerned Agency Courts
and Agency Munsif, Agency Divisional Officer and Agent to
the Government have been conferred the territorial and
pecuniary jurisdiction under the Rules. The concerned
Courts are empowered to try and adjudicate the suits and
there is also provision for transfer of the suits to the
concerned Agency Courts. Different rules have been framed
relating to the institution, trial and determination of the suits,
transfer of suits, engaging the pleaders in the agency Courts,
service of process, appearance of parties and consequences
of nonappearance, execution of decrees and orders,
investigation of claims and objections to execution, interim
protection of the property, appeals are also provided under
the rules .
The above Judgment was upheld by the Hon'ble
Supreme Court in Nagarjuna Grameena Bank Vs.
Medi Narayana and another3
(2013) 11 SCC 367
13. This Court as well as the Hon'ble Supreme Court in
the above referred Judgments held that the Civil Suits in
the Scheduled Areas shall be instituted as per Agency
Rules, 1924. In the said rules it is clearly mentioned
about the value of the suits and the Officer who has to
entertains such civil suits. The then Agent to Government
and District Collector, Adilabad without verifying the
Agency Rules, 1924 delegated his powers to Additonal
Agent to the Government and Project Officer, ITDA,
Utnoor to entertain the Civil Suits and also deleted the
powers of Agency Divisional Officers/Revenue Divisional
Officers. In view of the same, the said action of the then
Agent to Government/ the District Collector, Adilabad is
arbitrary and illegal and contrary to the Telangana
Agency Rules, 1924.
14. As per the pecuniary jurisdiction conferred on the
Agency Courts, the Agency Munsiff shall have cognizance
of suits for moveable and immoveable properties not
exceeding in value of Rs.500/-, Agency Divisional Officer
not exceeding the value of Rs.5,000/- and exceeding the
value of Rs.5,000/- the Agent to the State Government.
15. The Agent to Government can transfer a particular
suit to his subordinates as per Rule 11 (2) of the
Telangana Agency Rules, 1924. But, the Agent to
Government, Adilabad has delegated his powers to the
Additional Agent to Government/Project Officer, ITDA,
Utnoor in his proceedings dated 17.12.2002 to entertain
the Civil Suits, without any prior sanction of the
Governor of the State/the State Government and the
same is without power and jurisdiction.
16. In view of the above finding, entertaining of the Civil
Suits by the Project Officer-ITDA, Utnoor is without any
power and lack of jurisdiction. The impugned order
dated 02.03.2024 passed in I.A.No.3 of 2023 in case
No.A4/CPC/1541/2022 on the file of Additional Agent to
Government and Project Officer, ITDA, Utnoor is liable to
be set aside and accordingly the same is hereby set aside
and the Additional Agent to Government and Project
Officer, ITDA, Utnoor is directed to transmit the suit in
Case No.A4/CPC/1541/2022 to the Agent to
Government, Adilabad and after receiving the same the
Agent to Government, Adialabad is directed to hear
afresh after issuing notices to both sides and pass
appropriate orders.
17. In view of the above circumstances, the Additional
Agent to Government and Project Officer, ITDA, Utnoor is
directed not to proceed further in all the suits filed under
Telangana Agency Rules, 1924 pending before him
hereinafter.
18. The Additional Agent to Government and Project
Officer, ITDA, Utnoor is further directed to transmit the
pending suits filed under Telangana Agency Rules, 1924
to the respective Agents to Government/District
Collectors within one month from today. After receipt of
the said cases, the respective Agents to
Government/District Collectors of Adilabad, Mancherial,
Nirmal and Kumram Bheem-Adilabad Districts are
directed to issue notices to both parties and proceed
further in the matters from the stage where the suits
were transferred to their respective courts.
19. The Agents to Government and District Collectors of
Adilabad, Mancherial, Nirmal and Kumaram Bheem-
Asifabad Districts and the Agency Divisional
Officers/Revenue Divisional Officers of the respective
Districts are hereby directed to entertain the Civil Suits
as per Telangana Agency Rules, 1924 hereinafter.
20. The Registrar-General, High Court for the State of
Telangana, Hyderabad, is directed to call for the report
from the respective Agents to Government-District
Collectors i.e., Adilabad, Mancherial, Nirmal and
Komuram Bheem-Asifabad Districts as per Rule-57 of
Telangana Agency Rules, 1924 and also obtain
compliance reports from the Additional Agent to
Government and Project Officer, ITDA, Untoor within two
(2) months from today and place before this Court.
21. With the above direction, the Civil Revision Petition
is disposed of.
22. Miscellaneous petitions pending, if any in this Civil
Revision Petition shall stand closed. No order as to costs.
____________________
JUSTICE K.SARATH
Date:23/08/2024
Issue CC today
LR copy to be marked
Note:
The Registry is directed to
communicate copy of this order
to:
1. The Registrar-General, High
Court for the State of Telangana,
Hyderabad.
2. The Agent to Government and
District Collector, Adilabad.
3. The Agent to Government and
District Collector, Mancherial.
4. The Agent to Government and
District Collector, Nirmal.
5. The Agent to Government and
District Collector, Komuram Bheem-
Asifabad District.
6. The Agency Divisional
Officer/Revenue Divisional Officer of
Adilabad.
7. The Agency Divisional
Officer/Revenue Divisional Officer of
Untoor
8. The Agency Divisional
Officer/Revenue Divisional Officer of
Mancherial.
9. The Agency Divisional
Officer/Revenue Divisional Officer of
Bellampally
10. The Agency Divisional
Officer/Revenue Divisional Officer of
Nirmal.
11. The Agency Divisional
Officer/Revenue Divisional Officer of
Bhainsa
12 The Agency Divisional
Officer/Revenue Divisional Officer of
Asifabad.
13 The Agency Divisional
Officer/Revenue Divisional Officer of
Kagaz Nagar
14. The Additional Agent to
Government and Project Officer,
ITDA, Utnoor.
15. The Chief Secretary to
Government, Government of
Telangana, Secretariat, Hyderabad
16. The Principal Secretary to
Government of Telangana, Revenue,
Secretariat, Hyderabad
17. The Principal Secretary to
Government, General Administration
Department, Government of
Telangana, Secretariat, Hyderabad
18. The Secretary, (LA & J), Law
Department, Government of
Telangana, Secretariat, Hyderabad.
