Telangana High Court
Pathri Banaiah, vs The State Of Telangana on 16 November, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
WRIT PETITION No.1773 OF 2020
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader.
The prayer of the petitioner is as follows:
to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the plaint bearing Suit No 457 of 2019 on the file of the 3rd respondent i e Agency Divisional Officer/Revenue Divisional Officer Mulugu filed by the 5th respondent against the petitioner herein pertaining to House No 320/C situated in Parsa Village Govindaraopet Mandal Mulugu District as illegal null and void and without inherent jurisdiction in view of the G O Ms No 406 dated 27/06/1990 Home Courts A Department of the then Andhra Pradesh Government and consequently set aside the same being without inherent jurisdiction.
In view of the settled legal position, this Court is of the considered view that the 3rd respondent is not competent authority to proceed with the said suit bearing O.S.No.457 of 2019 and admittedly, the Mobile Court at Bhadrachalam, is having jurisdiction, to try the said suit.
Having regard to the facts and circumstances of the case and without going into the merits of the case, this writ petition is disposed of, at the stage of admission, directing the 3rd respondent to return the papers in O.S.No.457 of 2019, immediately to the parties concerned, to enable them to file the same before the appropriate Court, having jurisdiction to try the same. No order as to costs.
Miscellaneous petitions, if any, shall also stand closed.
__________________________ T. AMARNATH GOUD, J.
Date: 10.03.2021.
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