Andhra HC (Pre-Telangana)
Jamedar Bhavani Singh vs Budathi Balaih And Ors. on 27 November, 1997
Equivalent citations: 1998(1)ALD500, 1998(1)ALT551
ORDER
1. Heard the learned Counsel for the rival parties.
2. The petitioner is seeking an order in this civil miscellaneous petition that the main civil revision petition No.2421/94 be permitted to be converted into a writ petition in view of the fact that in Mathan Sangaiah v. Pateal Eswarappa, 1997 (2) APLJ 494, it is held that revision does not lie, to this Court from the order of the prescribed authority under Section 24 of the A. P. (Telangana Area) Abolition of Inams Act, 1955 read with Section 28 thereof It is further observed in the concluding part of Para 4 as under:
"...At this stage the learned Counsel for the petitioners cited a decision reported in G V. Narasimha Reddy v. Syed Aktar Ali, 1988 (2) ALT 136 and strongly contended that a revision against an order under Section 24 is very well maintainable in this Court. I am not inclined to agree with the reasoning that is given in the said decision. As already held by me, the intent of the Legislature is otherwise. It intends to prevent filing of revisions against the orders passed under Section 24. Therefore, I respectfully disagree with the decision cited by the learned Counsel. Consequently, I must hold that this C.R.P. is not maintainable and it is accordingly liable to be dismissed on this sole ground."
3. However the earlier decision in G.V. Narasimha Reddy's case (supra) still holds the field, and therefore the subsequent decision in Mathan Sangaiah's case (supra) has to be treated as per incuriam.
4. In the above view of the matter, the maintainability of the CRP cannot be questioned. CMP is disposed of accordingly. No costs.