SAINI LAKSHMI Vs. BOLLIEPALLI JANARDHAN ALIAS JANARDHAN CHARY

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Prohibition contending that the entertainment of I.A.No.2602 of 2006 in O.S.No.932 of 2006 by the Court of the Principal Junior Civil Judge, Bhadrachalam, Khammam District is without jurisdiction.

(2.) The petitioners herein claim title and possession in respect of the land situated in Sy.No.523 of Manuguru Village and Mandal of Khammam District, which is declared as an Agency Area. On a complaint made by the 3rd respondent herein, eviction proceedings were initiated against the petitioners under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1 of 1959) and after due enquiry the Special Deputy Collector, Bhadrachalam passed an order dated 17-10-2005 directing ejectment of the petitioners herein. It was further ordered that the land in question shall be taken into Government custody and shall be assigned to the eligible tribals. Aggrieved by the same, the petitioners as well as the 3rd respondent herein preferred appeals before the Additional Agent to the Government and Project Officer, I.T.D.A. Pending the said appeals, the 3rd respondent herein filed W.P.No.14114 of 2006 alleging that the Appellate Authority did not grant stay of operation of the order of ejectment. This Court disposed of the said writ petition with a direction to maintain Status Quo with regard to the nature and possession of the property in question till the disposal of the appeal pending on the file of the Additional Agent to the Government and Project Officer, ITDA, Bhadrachalam. While so, the 3rd respondent herein filed O.S.No.932 of 2006 on the file of the Court of the Principal Junior Civil Judge, Kothagudem, Khammam District seeking an injunction restraining the petitioners herein from interfering with the possession and enjoyment of the very same property which is the subject-matter of Appeals pending before the Additional Agent to the Government. Having entertained the said suit, the learned Principal Junior Civil Judge, Kothagudem, by order, dated 27-10-2006 granted an order of temporary injunction in I.A.No.2602 of 2006. Aggrieved by the same, this writ petition is filed contending that since the land in question is situated in Agency Area, the Court of Principal Junior Civil Judge, Kothagudem has no jurisdiction, but the Agency Courts constituted under the Andhra Pradesh Agency Rules, 1924 alone have jurisdiction to entertain and try the suit. The learned Counsel for the petitioners while placing reliance upon a decision of the Division Bench of this Court in T. ANANTHACHARYULU vs. PRL. SUBORDINATE JUDGE1 contended that the Civil Court at Kothagudem shall be restrained from proceeding with O.S.No.932 of 2006 by issuing a Writ of Prohibition.

(3.) There can be no dispute about the well-settled legal principle that where the facts in a give case clearly establish that the Court lacks total jurisdiction, this Court would not hesitate to issue a Writ of Prohibition in exercise of jurisdiction under Article 226 of the Constitution of India.