COLLECTOR/AGENT TO THE GOVT., KHAMMAM DISTRICT Vs. BHADRACHALAM DIVISION LORRY OWNERS ASSOCIATION, BHADRACHALAM

JUDGEMENT

(1.) The Collector/Agent to Government, Khammam District has filed this writ appeal against the order dated 9-4-1998 passed in W.P. No.33 of 1998 by the learned single Judge.

(2.) W.P.No.33 of 1998 was filed by the Bhadrachalam Division Lorry Owners Association, Bridge Road, Bhadrachalam, praying for Writ of Mandamus declaring the action of the Collector/Agent to Government-appellant herein, who is impleaded as 1st respondent in the writ petition, in entertaining the suit O.S. No. 49 of 1996 filed by one Sri Chennupati Ramakotaiah Lorry Transport, Vijayawada, for perpetual injunction against the writ petitioner, as arbitrary, illegal and without jurisdiction.

(3.) It appears that the 3rd respondent filed suit O.S. No. 49 of 1996 praying for the relief of perpetual injunction against the writ petitioner's association from interfering with his transport business along with an interlocutory application for temporary injunction. The said suit was entertained by the Collector/Agent to Government, Khammam district and that is why the Bhadrachalam Division Lorry Owners Association, against which injunction was sought before the Agency Court, filed the writ petition. Before the learned single Judge, it appears, it was contended that under Sec. 3 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, (for short, 'the Regulation'), a suit relating to lands could only be entertained by the Agency Court and not other kinds of suits. The learned Judge accepting the said contention of the writ petitioner held that the suit filed by the 3rd respondent is not maintainable and consequently, the learned Judge allowed the writ petition and declared that the suit filed by the 3rd respondent is not maintainable. Hence, this writ appeal by the Collector/Agent to Government, Khammam district.