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2001 Supreme(AP) 209

Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
Gajula Rajaiah - Appellant
Versus
State OF A.P. - Respondent
WPS.2140,3369/2000
Decided On : 03-02-01
Advocates Appeared :
Mr.A.Sudershanreddy

Headnote:AP CIVIL COURTS LAWS (AMENDMENT) ACT, 1997 - AP CIVIL COURT (AMENDMENT) ACT, 2000 - Legal serviceS authority act, 1987 - CONSTITUTION OF INDIA, Arts39-A, 14 & 16 - Limiting pecuniary jurisdiction of Senior civil judge - Statutory provision limiting pecuniary jurisdiction of court not violative of Arts14 or 21 of Constitution of India - Whereas a litigant has a remedy to ventilate his grievances before a Court or Tribunal if he has any cause of action but he does not have any choice of forum - Forum for adjudication of rights of a citizen undoubtedly would be within the legislative competence of the state

       Art39-A or provisions of Legal Services Authority Act, 1987 cannot have any application whatsoever as regards enactments limiting pecuniary jurisdiction of courts - Jurisdiction of civil court can be taken away expressly or by necessary implication under a statute

S. B. SINHA, J.

( 1 ) CONSTITUTIONALITY of the A. P. Civil Courts Laws (Amendment) Act, 1997 whereby and whereunder the pecuniary jurisdiction of the Senior Civil Judge from unlimited jurisdiction to matters valued at or below Rs. 5. 00 lakhs has been effected, falls for decision in these applications. The petitioner in Writ Petition No. 2140 of 2000 is said to be a resident of a remote place in Karimnagar district. His lands had been acquired by the respondent No. 5 and an award was passed. He filed an application under S. 18 of the Land Acquisition Act which was numbered as O. P. No. 45 of 1992. An execution petition was filed for executing the award passed by the Senior Civil Judge on 27-1-1999. Allegedly the execution petition filed by the petitioner was returned for being presented before the proper Court in view of the said provision.

( 2 ) THE learned counsel appearing on behalf of the petitioner would strenuously urge that having regard to the fact that Article 39-A of the Constitution of India postulates effective and speedy justice at the doorstep of the litigant and the Services Authority Act, 1987 having been enacted to achieve the said purpose, the impugned Act must be held to be ultra vires having regard to the difficulties which may be faced by a large number of litigants like the petitioner. Accordingly the learned counsel, in a situation of this nature even Article 21 of the Constitution of India would be attracted.

( 3 ) SECTION 16 of the A. P. Civil Courts Act, 1972 is as follows :"jurisdiction of District Judge, Senior Civil Judge and Junior Civil Judge in Original Suits and other proceedings :- (1) The pecuniary jurisdiction of a District Judge, shall subject to the provisions of the Code of Civil Procedure, 1908 and the other provisions of this act, extend to all Original Suits and proceedings of a civil nature including Land Acquisition Original Petitions, the amount or value of the subject matter of whic exceeds rupees five lakhs. (2) The pecuniary jurisdiction of a Senior Civil Judge shall extend to all like suits and proceedings of a civil nature including Land Acquisition Original Petitions not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of which exceeds rupees one lakh but does not exceed rupees five lakhs. (3) The pecuniary jurisdiction of a Junior Civil Judge shall extend to all like suits and proceedings, not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of which does not exceed rupees one lakh. "

( 4 ) SECTION 2 (ii) and (iii) of the A. P. Civil Courts Laws (Amendment) Act, 1997 whereby S. 5 of the A. P. Civil Courts Act, 1972 has been amended reads thus:" (ii) for section 5, the folowing shall be substituted, namely :-

( 5 ) (1) - The pecuniary jurisdiction of the Chief Judge and an Additional Chief Judge shall be subject to the provisions of the Code of Civil Procedure, 1908 and the other provisions of this Act, extend to all original suits and proceedings of a civil nature including land acquisition original petitions, the amount or value of the subject matter of which exceeds rupees five lakhs. (2) the pecuniary jurisdiction of a Senior Civil Judge shall extend to all like suits and proceedings of a civil nature including land acquisition original petitions not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of which exceeds rupees one lakh but does not exceed rupees five lakhs. (3) the pecuniary jurisdiction of a Junior Civil Judge shall extend to all like suits and proceedings not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject matter of which does not exceed rupees one lakh. (iii) for Section 16, the following shall be substituted, namely:16 (1) The pecuniary jurisdictio












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