High CourtsSingle Bench(1997) 11 AP CK 0051

Jamedar Bhavani Singh vs Budathi Balaih and Others

Andhra Pradesh High Court · Decided on 27 November 1997 · Citation: (1998) 1 ALD 500 : (1998) 1 ALT 551 : (1998) 1 APLJ 89

HON’BLE JUDGES
D.H. Nasir, J
CASE NUMBER
C.M.P. No. 16248 of 1997

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Judgment

5 paragraphs · 274 words
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 Maltan Sangaiah and Another Vs. Patel Eswarappa, it is held that revision does not lie, to this Court from the order of the prescribed authority u/s 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 u/s 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 u/s 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.