ASWATHAMMA Vs. ORIENTAL INSURANCE CO LTD , REGIONAL OFFICE

JUDGEMENT

(1.) Mr. T Seshagiri Rao, Adv. for Petitioner

(2.) Being aggrieved by the said Annexure M and N, interim order passed by the Deputy Commissioner under Section 306 of the Act, the petitioner filed this writ petition before this Court on 05.11.2015 and while issuing notices to the respondents a coordinate bench of this Court stayed the operation of Annexure N dated 12.08.2015/19.10.2015 and Annexure M dated 19.10.2015 passed by respondent No.2 - Deputy Commissioner. The statement of objection has been filed by the private respondent No.4 in this Court.

(3.) Learned counsel for the petitioner Mr. T Seshagiri Rao urged that Section 306 of the Act narrated below does not empower or confer any jurisdiction upon the Deputy Commissioner to entertain any such appeal by the private respondent questioning the "katha entries" in favour of the petitioner recorded about 3 decades back and the learned Deputy Commissioner while entertaining the said appeal which was wholly incompetent before him but he has not only passed the interim order in favour of respondent No.4, but has also suspended the operation of the "katha entry" in favour of the present petitioner in purported exercise of his powers under Section 306 of the Act.