GAJULA RAJAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Constitutionality of the A.P. Civil Courts Laws (Amendment) Act, 1997 whereby and whereunder the pecuniary jurisdiction of the Senior Civil Judge from unlimited jurisdiction to matters valued at or below Rs.5.00 lakhs has been effected, falls for decision in these applications. The petitioner in Writ Petition No.2140 of 2000 is said to be a resident of a remote place in Karimnagar district. His lands had been acquired by the respondent No.5 and an award was passed. He filed an application under S. 18 of the Land Acquisition Act which was numbered as O.P. No. 45 of 1992. An execution petition was filed for executing the award passed by the Senior Civil Judge on 27-1-1999. Allegedly the execution petition filed by the petitioner was returned for being presented before the proper Court in view of the said provision.

(2.) The learned counsel appearing on behalf of the petitioner would strenuously urge that having regard to the fact that Article 39-A of the Constitution of India postulates effective and speedy justice at the doorstep of the litigant and the Services Authority Act, 1987 having been enacted to achieve the said purpose, the impugned Act must be held to be ultra vires having regard to the difficulties which may be faced by a large number of litigants like the petitioner. Accordingly the learned counsel, in a situation of this nature even Article 21 of the Constitution of India would be attracted.

(3.) Section 16 of the A.P. Civil Courts Act, 1972 is as follows :