LAWS(APH)-2003-10-81

ATTADA BHAGAVAN Vs. STATE OF A P VISAKHAPARNAM

Decided On October 15, 2003
ATTADA BHAGAVAN Appellant
V/S
STATE OF ANDHRA PRADESHVISAKHAPATNAM Respondents

JUDGEMENT

(1.) One Attada Bhagavan, plaintiff in O.S. No.230 of 1988 on the file of Principal Subordinate Judge, Visakhapatnam aggrieved by the judgment and decree dated 30-12-1994 made in the said suit, had preferred the present civil revision petition under Article 227 of the Constitution of India, on the ground that the learned Subordinate Judge having held that the Civil Court has no jurisdiction and the Special Tribunal under A.P. Land Grabbing (Prohibition) Act (hereinafter be referred to as Act) alone has got jurisdiction to try the suit, should have transferred the suit to the competent Land Grabbing Tribunal to try the same, instead of dismissing the suit with costs.

(2.) The suit OS No.230 of 1988 on the file of the Principal Subordinate Judge, Visakhapatnam was filed for declaration that the petitioner plaintiff is the ryotwari pattadar in respect of the plaint schedule land, for mandatory injunction, for delivery of possession and for certain other reliefs.

(3.) The factual details need not be narrated in detail. In fact at paragraph 10 of the judgment, the learned Subordinate Judge had recorded as under: