STATE OF ANDHRA PRADESH Vs. BANDALAM SRINIVASULU

JUDGEMENT

(1.) These conjoint revision petitions are against the orders declining to decide preliminary issue under O. 14, to decide preliminary issue under O. 14, R. 2, C. P. C. The petitioners are defendants 1 and 2. The plaintiffs filled suits challenging the legality and validity of the order dt. 20-6-1978 in R. C. 4407/77 and similar ordered passed under S. 6(1) of the Andhra Pradesh Occupants of Homesteads (Conferment of Ownership) Act of 1976 (hereinafter referred to as the Act) . The defendants 1 and 2, petitioners herein, field applications for deciding the preliminary issue as to jurisdiction of the court to entertain the suit in view of the express bar of suit in the civil court contained in the Act. These applications are resisted by the respondents-plaintiffs on the ground that the petitioners have not filed written statements in the suit and orders passed under S. 6 (1) of the Act are actuated by mala fides and vitiated by various illegalities and arbitrariness and violation of fundamental principles of procedure and as this a mixed question of fact and law, the preliminary issue need not be decided and all the issues arising in the trial can be taken up and declined to hear the preliminary issue.

(2.) The learned counsel for the petitioner contended that the jurisdiction of the civil court is expressly barred by S. 11 of the Act and the orders passed under the Act by the Authorised Officer are amenable to appeal and revision provided under Ss. 8 and 9 of the Act and adequate remedies are provided under the Act to challenge the validity of the orders. The learned counsel for the respondent contended that the subject matter of the suit is outside the purview of the provisions of the Act and that the impugned order is in contravention of fundamental principles of judicial procedure and violative of principles of natural justice and the order is vitiated by mala fides and as such the civil court has jurisdiction to entertain suits notwithstanding the bar envisaged under the Act.

(3.) To appreciate the rival contentions, it is necessary to have an insight into the provisions of O. 14, R. 2. C. P. C. and S. 11 of the A. P. Occupants of Homesteads (Conferment of Ownership)Act, Order 14, Rule 2, C. P. C.