BOYA PALAPPA Vs. DISTRICT JUDGE ANANTHPUR

JUDGEMENT

(1.) This case is coming up before us on a reference made by a learned single Judge Sri Justice M.H.S.Ansari as per the order dated 13.08.1996 on the question as to the jurisdiction of the Vacation Civil Judge to entertain petitions under the A.P. Tenancy Act and the further question whether the orders passed by the Vacation Civil Judge could have been set aside by the District Judge in appeal under Section 16(2) of the A.P. Tenancy Act when an appeal would lie only to the High Court.

(2.) The facts, which are necessary for disposal of this Revision, are that the main Revision is filed under Article 227 of the Constitution of India seeking to assail the orders passed by the learned District Judge, Ananthapur in I.A.No.174 of 1996 in A.T.A.No.1 of 1996. The petitioners and the respondents 5 and 6 filed a petition under Section 10 of the Andhra Pradesh (Andhra Area) Tenancy Act. Along with the said petition, an interlocutory application was filed for grant of ex parte temporary injunction. As the Courts were closed for Summer Recess, the said petition was filed before the Vacation Civil judge, who granted an ex parte injunction in favour of the petitioners. However, the respondents filed an appeal in A.T.A.No.1 of 1996 before the District Judge, Anantapur and the District Judge by orders dated 10.07.1996 in I.A.No.174 of 1996, granted stay of the operation of the injunction on the sole ground that the Vacation Civil Judge had no jurisdiction to pass orders in Tenancy matters. It would be convenient to extract the said order in its entirety, which reads as under:

(3.) The real controversy centers around the point is whether the Special Officer cum District Munsif is a persona designata and whether the Vacation Civil Judge, would have jurisdiction to entertain the petition filed under Section 10 of the Tenancy Act and pass any orders thereon during vacations and whether the appellate authority constituted under the Tenancy Act has jurisdiction to entertain an Appeal against an order of the Vacation Civil Judge. In V.RAMA RAO v. K.BALA KOTAIAH, 1985(2) ALT 276. a learned single Judge of this Court held that: