PARAMESWARA VEERRAJU REDDI Vs. STATE OF A P

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India being aggrieved by an order dated 6-1-2004 made in O.S.No.24 of 1999 on the file of the learned Principal District Judge, East Godavari at Rajahmundry.

(2.) The facts are not in much dispute. The petitioner-plaintiff is a non-tribal. He laid the above suit seeking to declare the action of the respondent-defendants in putting seals to the plaint schedule property on 1-6-1999 as illegal, invalid and ultra vires of their powers and for a consequential mandatory injunction to the respondent- defendants to remove the seals put by them and also to award an amount of Rs.50,000/- towards damages. While so, the 5th defendant, who is holding the office of the 3rd defendant (3rd respondent) filed I.A.No.562 of 2000 to decide the issue 'whether the civil Court's jurisdiction is barred as the property is situated in a scheduled area and by virtue of G.O. Ms. No.1573, dated 30-10-1972 the provisions of the Andhra Pradesh Civil Courts Act, 1972 (for short 'the Act') have not been extended to the scheduled areas ?' as a preliminary issue.

(3.) After elaborate consideration of the matter, the Court below held that in view of Section 1(3) of the Act read with G.O. Ms. No.1573, dated 30-10-1972, the civil Courts are not conferred with jurisdiction in respect of the scheduled areas and as such, the suit, in respect of which the dispute relates to Agency Area and the cause of action also arose in the same area, cannot be entertained by the Civil Court; therefore, returned the plaint for being presented before the proper Court. Aggrieved by the same, the present revision is filed.