IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. BHANUMATHI, J.
Palika Venkataramana – Appellant
Versus
Pithani Verikata Ramana – Respondent
C.R.P. Nos. 457, 459, 462, 470, 482, 512, 514, 546 of 2021, 1178, 1179 of 2020
Decided On : 09-11-2022
Constitution of India, 1950 - Article 227 – Civil Procedure Code, 1908 - Order VII Rule 14 (iii), Order XVI Rules 6 and 7, Order XVIII Rule 17, Section 151 - Andhra Pradesh Districts (Formation) Act, 1974 - Section 3(5) - Provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Court -These two sets of revisions, under Article 227 of Constitution of India, are filed challenging order, dismissing on file of Court of Additional Senior Civil Judge, Kakinada - Other set of revisions are filed aggrieved by order of even date dismissing on file of same court –Held, Court schedule property clearly falls within jurisdiction of Tahasildar, Kakinada Urban, but not Rural - Thus, there is prima facie material to oppose petition to grant permission to file a document which could not have existed at all - Moreover, several adjournments were also granted by this Court to show that suit schedule property falls within jurisdiction of Tahasildar, Kakinada Rural, but same could not be shown and established - On other hand, material placed this Court support contention of respondent that plaint schedule property falls within jurisdiction of Tahasildar, Kakinada Urban- Under these circumstances, there is no merit in this revision and revision petitions are liable to be dismissed – Petition dismissed.
ORDER :
1. These two sets of revisions, under Article 227 of the Constitution of India, are filed challenging the order, dated 17.03.2020, dismissing I.A. Nos. 89, 90, 91, 92 and 93 of 2020 in O.S. No. 474 of 2018 on the file of the Court of III Additional Senior Civil Judge, Kakinada. The other set of revisions are filed aggrieved by the order of even date dismissing I.A. Nos. 84, 85, 86, 87, 88 of 2020 in O.S. No. 475 of 2018 on the file of the same court.
2. The revision petitioners are the plaintiffs in O.S. No. 474 of 2018. They filed I.A. No. 89 of 2020 under Section 151 CPC to reopen the plaintiff’s side evidence; I.A. No. 90 of 2020 under Order XVIII Rule 17 CPC to recall PW-1; I.A. No. 91 of 2020 under Order VII Rule 14 (iii) CPC to file passbook copy relating to Palika Chandra Rao pertaining to S. No. 197/4 of Kakinada Rural; I.A. No. 92 of 2020 under Order XVI Rules 6 and 7 CPC to issue summons to the Tahasildar, Kakinada Rural to produce the relevant revenue record like adangals for the year 1985-86, 1995-96 relating to the property of Palika Chandra Rao situated in S. No. 197/4; I.A. No. 93 of 2020 under Order XVI Rules 6 and 7 CPC to issue summons to the witness, Smt. Gogineni Swaroopa Rani rep. by GPA holder Komatineni Seetharamayya. As all these petitions were dismissed by the trial Court, C.R.P. Nos. 457 of 2021, 1179 of 2020, 482 of 2021, 470 of 2021 and 546 of 2021 are filed respectively.
3. In the other batch of revisions, the revision petitioner is the plaintiff in the suit O.S. No. 475 of 2018. She filed the subject interlocutory applications, viz. I.A. No. 84 of 2020 under Section 151 CPC to reopen the plaintiff’s side evidence to adduce further evidence; I.A. No. 85 of 2020 under Order XVIII Rule 17 CPC to recall PW-1 for marking the passbook; I.A. No. 86 of 2020 under Order VII Rule 14(iii) CPC to accord permission to file the passbook copy relating to Palika Chandrarao; I.A. No. 87 of 2020 under Order XVI Rules 6 and 7 CPC to issue summons to the Tahasildar, Kakinada Rural, to produce relevant records like passbook for the year 1985-86, 1995-96 relating to the property of Palika Chandra Rao; and I.A. No. 88 of 2020 under Order XVI Rules 6 and 7 CPC to issue summons to the witness, Smt. Gogineni Swarupa Rani, rep. by GPA Holder, Sri Komatineni Seetharamayya to produce the original pattadar passbook issued by Tahasildar, Kakinada Rural. Aggrieved by the dismissal of these applications, C.R.P. Nos. 459 of 2021, 1178 of 2020, 514 of 2021, 462 of 2021 and 512 of 2021 are filed respectively.
4. Heard Sri N. Siva Reddy, learned counsel for the petitioners/plaintiffs and Sri M.V. Manisekhar, learned counsel for the respondent/defendant.
5. The respondent/defendant in all these revisions and the subject matter involved in both the suits being one and the same in all these revisions, these revisions are heard and are being disposed of by this common order.
6. The facts necessary for disposal of these revision petitions, briefly stated, are as follows:
A Revisioning Authority under the ROR Act cannot unilaterally cancel a pattadar passbook without assigning reasons, especially when the holder of the passbook has material documents indicating their ....
THE REVENUE DIVISIONAL OFFICER HAS NO JURISDICTION TO ENTERTAIN A REPRESENTATION QUESTIONING THE MUTATION OF NAMES IN REVENUE RECORDS WITHOUT AN APPEAL BEING FILED UNDER SECTION 5(5) OF THE ROR ACT.
The necessity of summoning material evidence, such as the Tahsildar and the evidence of the Tahsildar, in deciding the title of the parties.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
Summoning of Government Official – In each case, on examination of facts and circumstances, in light of contentions raised, decision is to be taken whether it is required to summon a government offic....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.