K MALLAIAH Vs. RAMULU

JUDGEMENT

(1.) THE petitioner is assailing the jurisdiction of the Govt. to entertain a review petition and revise the orders passed in Govt. Memo No. 50847/Pts. III/A2/84-7, P.R. (Pts. III) Dept., dated December, 4, 1984. THE contention raised by the petitioner is that the power given under Section 232 of the Andhra Pradesh Gram Panchayats Act (Act 2 of 1964), for short "the Act", only power of revision. THEre is no power to review its own order. THErefore, it is without jurisdiction and authority of law. I find force in the contention. Section 232 reads thus. : "232. (1)

(2.) AS regards sub-section (2) is concerned, it is not the case that power is delegated to any authority or person or officer to exercise power under bub-section (1). Therefore, this does not apply. AS regards sub-section (3) is concerned, the section shall apply to no judicial proceedings of a Nyaya Panchayat or of a conciliation board under Chapter VII and therefore, this also does not apply. The only question is whether the Govt. at any time, can entertain any, other review application to review its own order, having already exeicised its revisional jurisdiction. The contention of Sri Vittal, Learned Govt. Pleader is that the term "at any time" gives power to the Govt. to revise its own order. This argument is without any force. It is now well settled by catena of decisions of this Court that and Supreme Court there is no express power given to Govt. to review its own order unless it is expressly conferred. Power to review is a statutory power and it is not is not an inherent power given to any statutory authority or appellate authority. Admittedly there is no power given to the Govt. to review its own order. Therefore, the review power exercised by the Government and issuing the impugned order is without jurisdiction, and it is a void order. The writ petition is accordingly allowed and the impugned order is quashed. No costs. Advocate's fee Rs. 350/-.