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1950 Supreme(Mad) 372

SATYANARAYANA RAO
Thalagadadivi Saty Venkata Subba Rao – Appellant
Versus
Yellapragada Ananda Rao – Respondent


Advocates:
Challa Rama Rao and M. Appa Rao for Appellant.
The Government Pleader (P. Satyanarayana Raju) for Respondents.

Judgment.-In this second appeal, the plaintiff-appellant seeks in substance a declaration that two orders of the District Collector, Krishna, dated the 27th November, 1937, and 31st July, 1942, are illegal and ultra vires. In the suit he also prayed for a mandatory injunction directing the District Collector, Krishna, to recognise the plaintiff as the permanent headman of the village of Thalagadadivi but that prayer is now out of the case and is not pressed. From 1937 the plaintiff was making unsuccessful attempts to assume charge as headman of the village after he had attained majority and qualified himself to the post. His right to the headmanship was recognised in 1933 during his minority and he was registered under section 10 (5) of the Madras Hereditary Village Offices Act as the person entitled to succeed to the office. The plaintiff’s father, Malhkharjuna Prasada Rao was the village munsiff of Thalagadadivi till he was dismissed from service on 21st April, 1932, as he was found guilty of misappropriation of Government money amounting to over Rs. 1,000. The office was held by the family in hereditary right. The Revenue Divisional Officer who dismissed him from service by his

























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