The court held that the maintainability of a suit based on whether the subject property is located within an agency area or not is a jurisdictional issue to be determined by the Agent to Government.

ORDER:

Heard Sri Pulla Rao Yellanki, learned counsel for the petitioner, learned Government Pleader for Tribal Welfare appearing for respondent Nos.1 to 3 and Sri M.Srinivasa Rao, learned counsel appearing for respondent No.4.

This writ petition is filed seeking the following relief:

“… to issue any writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the 3rd respondent in initiating proceedings in O.S.No.134 of 2010 which has been filed by the 4th respondent for recovery of possession under U/R. 7 & 14 of A.P. Agency Rules, 1924 , and Section 26 read with Order-7, Rule 1 of CPC though 3rd respondent has no jurisdiction to entertain the suit as being illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently declare that the 3rd respondent is not vested with any jurisdiction to entertain the proceedings in O.S.No.134 of 2010 and to grant such other relief or reliefs.

2. Heard Sri Pulla Rao Yellanki, learned counsel appearing for the petitioner, learned Government Pleader for Tribal Welfare appearing for respondent Nos.1 to 4 and Sri M.Srinivasa Rao, learned counsel appearing for respondent No.4.

3. Learned counsel for the petitioner submits that since the property is not located in agency area, the suit is not maintainable before the Agent to Government.

4. Learned counsel appearing for respondent No.4 produced G.O.Rt.No.70, dated 06.02.2026, wherein the powers conferred on vide Sub-Divisional Magistrate of the Mobile Courts G.O.Ms.No.406, dated 27.06.1990, were reverted back to the concerned Sub-Divisional Officers.

5. Irrespective of enforceability of G.O.Ms.No.406, dated 27.06.1990, the issue of maintainability of the suit can always be canvassed before the Agent to Government citing the location of subject property in a non-agency area.

6. In view of the same, the Writ Petition is disposed of with liberty to the petitioner as well as respondent No.4 to put-forth their case as to the jurisdiction and maintainability of the suit before the Agent to Government, Kothagudem.

Interim stay granted by this Court on 18.10.2019 shall stand vacated.

No costs.