MAKKENA SAMBAYYA Vs. MAKKENA TIRUPATAYYA

JUDGEMENT

(1.) The appellant before us was the first defendant in the Court below, the second defendant being the Government of Madras represented by the District Collector, Guntur. The plaintiff brought a suit for a declaration that the order of the Revenue Divisional Officer, Guntur, dated 27th July 1947 is illegal, ultra vires, and not binding on him. The learned Judge decreed the suit as prayed for and hence this appeal by the first defendant.

(2.) The first defendant was the permanent village munsif of Nandigama village in Sat-tenapalli taluk, Guntur district. On account of irregularities in official, proceedings as well as charges of misappropriation he was dismissed by the Revenue Divisional Officer on 25th July 1944, which dismissal, on appeal to the Collector, was confirmed on 31st December 1944. On 15th January 1945, under Ex. A. 5 the Revenue Divisional Officer appointed the plaintiff as acting village munsif which appointment was confirmed on 31st January 1945 under Ex. A. 6. Against the confirmation of the order of dismissal the first defendant preferred a second appeal to the Revenue Board which was also dismissed on 4th May 1945 (Ex. A. 3). There was a further petition to the Government for interference in this matter in revision and on this the order under the signature of the Assistant Secretary to Government was that the law does not provide for interference by the Government in the matter and therefore the petition was rejected on 14th October 1946 (Ex. A. 4). Subsequently, the first defendant memorialised the Honourable Prime Minister, Government of Madras, under Ex. E. 1, and on that, orders were passed (Ex. B. 2) on 16th May 1947 by which the Government came to the following conclusion:

(3.) The Board of Revenue to whom the petitioner was referred for orders by the Government, in its turn directed the Collector to enquire into the matter, who Makkena Sambayya vs. Makkena Tirupatayya and Anr. (20.02.1952 - MADHC) Page 3 of 14 referred the petitioner to the Revenue Divisional Officer who on 27th July 1947, passed the following order: