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2024 Supreme(Online)(TEL) 4470
HIGH COURT OF TELANGANA
K. SARATH, J
Chavan Prakash – Appellant
Versus
Allampally Surender Reddy – Respondent
CRP/1959/2024
Sri R.Mangulal, Sri A.Srinivas
The Additional Agent to Government and Project Officer, ITDA, Utnoor lacked jurisdiction to entertain civil suits under Telangana Agency Rules, 1924, necessitating transfer to the appropriate authority.
Headnote:(A) Constitution of India - Article 227 - Civil Procedure Code - Order VII, Rule 1 - Telangana Agency Rules, 1924 - Civil Revision Petition challenging the dismissal of an application to send documents to a handwriting expert in a suit for injunction. The Court found that the Additional Agent to Government & Project Officer, ITDA, Utnoor lacked jurisdiction to entertain civil suits under Telangana Agency Rules, 1924, as per the powers not delegated to him. The Court directed the transfer of the case to the appropriate authority for a fresh hearing. (Paras 1, 4, 16, 19)
(B) Jurisdiction - The authority of the Additional Agent to Government and Project Officer, ITDA, Utnoor to entertain civil suits is questioned, leading to a ruling on the proper jurisdiction under the Telangana Agency Rules. (Paras 10, 16)
Facts of the case:
The petitioner filed a suit for injunction before the Additional Agent to Government and Project Officer, ITDA, Utnoor, which was dismissed. The court examined the legality of the jurisdiction exercised by the Additional Agent to Government in entertaining civil suits under the Agency Rules.
Findings of Court:
The Court found that the Additional Agent's actions were arbitrary and illegal, lacking the necessary jurisdiction under the Telangana Agency Rules, 1924.
Issues: The primary issue addressed was whether the Additional Agent to Government had the jurisdiction to entertain civil suits under the Telangana Agency Rules.
Ratio Decidendi: The Court ruled that the delegation of powers by the then District Collector to the Additional Agent was contrary to the established legal framework and thus invalid.
Result: The impugned order was set aside, and the case was directed to be transmitted to the appropriate authority for a fresh hearing.
ORDER:
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India , questioning the orders passed in I.A.No.3 of 2023 in Case No.A4/ CPC /1541/2022 on the file of Additional Agent to Government & Project Officer, ITDA, Adilabad, Headquarters at Utnoor.
2. Heard Sri R.Mangulal, learned Counsel for the petitioner and Sri A.Srinivas, learned Counsel for respondents.
3. The petitioner herein filed suit for injunction on the file of Additional Agent to Government and Project Officer, Integrated Project Development Agency (for short ‘ITDA’) under Order VII, Rule-1, read with Section 151 of Civil Procedure Code and Rule 42 of Agency Rules, 1924 and it was numbered as Case No.A4/ CPC /1541/2022. In the said suit, the petitioner filed I.A.No.3 of 2023 in Case No.A4/ CPC /1541/2022 to send certain documents to handwriting expert, was dismissed. Being aggrieved by the same, the present Civil Revision Petition is filed.
4. At the time hearing the Civil Revision, this Court surprised to see that the Additional Agent to Government & Project Officer, ITDA, Utnoor is entertaining Civil Suits under Telangana Agency Rules , 1924, without having any power and jurisdiction.
5. Therefore, on 12.07.2024 this Court directed the Agent to Government/District Collector, Adilabad and the Additional Agent to Government and Project Officer, ITDA, Utnoor to submit a detailed report with regard to entertainment of Civil Suits by the Additional Agent to Government and Project Officer/ITDA, Utnoor.
6. In compliance of the direction of this Court dated 12.07.2024, the Agent to Government/District Collector, Adilabad submitted a report to this Court through RC No.F1/732/2024, dated 31.07.2024 and the relevant portion of the said letter is as follows:
“ In compliance with the above mentioned orders, it is to submit that as per the powers vested in G.O.Ms.No.193, Revenue (Serv.I) Department, dated 17.04.2002 and G.O.S.No.274, General Administration (Special.A) Department dated 15.06.2002, the Agent to Government and the then District Collector, Adilabad, vide Rc.No.D4/1246/2002 dated 17.12.2002 has requested the Project Officer, Integrated Tribal Development Agency, Utnoor to entertain fresh appeals and suits filed under APSALTR/Agency Rules and subsequently vide District Collector, Adilabad Rc.No.D/694/2003 dated 28.05.2003 all the agency suits/appeals pending at Collectrate (erstwhile Adilabad District) have been transferred to Project Officer, ITDA, Utnoor.
In accordance with the above, the Project Officer, Integrated Tribal Development Agency, Utnoor has been entertaining all fresh suits/appeals filed under APSALTR/Agency Rules of erstwhile Adilabad District, i.e. including Adilabad, Nirmal, Mancherial and Kumuram Bheem- Asifabad District”
7. The above report clearly shows that as per the directions of the then Agent to Government/District Collector, Adilabad vide R.C.No.D4/1246/2002 dated 17.12.2002, the Additional Agent to Government and Project Officer, ITDA, Utnoor is entertaining the Civil Suits filed under Agency Rules, 1924 of erstwhile Adilabad District i.e. areas including Adilabad, Nirmal, Mancherial and Kumram Bheem Asifabad Districts.
8. The G.O.Ms.No.193, Revenue (Ser.I) Department dated 17.04.2002 was issued delegating powers to the Project Officer/ITDA, under Para 5(1) of the Fifth Scheduled to the Constitution of India read with Section 3 of the Andhra Pradesh District Collectors Powers (Delegation) Act, 1961 (Act.No.XXXII of 1961) and in modification of the Notification issued in G.O.Ms.No.19, Revenue (W) Department dated the 08.01.1987, the Governor of Andhra Pradesh authorized the Project Officers, Integrated Tribal Development Agencies, Srikakulam, Vizianagaram, VIsakhapatnam, East Godavari, West Godavari, Khammam, Warangal and Adilabad Districts in so far as the Scheduled Area is concerned, to exercise all the powers vested in the District Collectors by or under the laws mentioned below:- (1) The Andhra Pradesh Sch
