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S. Mallesam Vs. Registrar, Railway Claims Tribunal and anr. - Court Judgment

SooperKanoon Citation

Subject

Civil

Court

Andhra Pradesh High Court

Decided On

Case Number

Writ Petition No. 3648 of 1992

Judge

Reported in

1992(2)ALT577

Acts

Constitution of India - Article 226

Appellant

S. Mallesam

Respondent

Registrar, Railway Claims Tribunal and anr.

Advocates:

S. Laxma Reddy and ;P. Jawahar Raju, Advs.

Excerpt:


- .....act, 1870 (under section 124 of the new railway act, 1989).(c) the applicant is not a bonafide passenger.'it is not for the registry to adjudicate with regard to the jurisdictional aspects and also on merits that the applicant is not a bona fide passenger. these aspects require a judicial adjudication and the registry is not empowered to deal with the said aspects. as such, i direct the 1st respondent to register the claim made by the petitioner herein if the papers are again represented by 30-4-1992. after the claim is registered, the railways claims tribunal shall adjudicate the matter on merits-both factual and legal, including that of jurisdiction.2. writ petition is disposed of accordingly. no order as to costs.

Judgment:


ORDER

B. Subhashan Reddy, J.

1. Pursuant to the Order passed by this Court on 13.3.1992 it is stated by Mr. S. Lakshma Reddy, the papers were represented before the registry of the Railways Claims Tribunal, Secunderabad but the said registry by an order dated 8.4.92 again returned the papers on the grounds mentioned infra:

'(a) The Tribunal has no jurisdiction to entertain application under Section 13 of RTC Act, 1981.

(b) The accident does not come under Section 82-A of the old Railway Act, 1870 (under Section 124 of the new Railway Act, 1989).

(c) The Applicant is not a bonafide passenger.'

It is not for the registry to adjudicate with regard to the jurisdictional aspects and also on merits that the applicant is not a bona fide passenger. These aspects require a judicial adjudication and the registry is not empowered to deal with the said aspects. As such, I direct the 1st respondent to register the claim made by the petitioner herein if the papers are again represented by 30-4-1992. After the claim is registered, the Railways Claims Tribunal shall adjudicate the matter on merits-both factual and legal, including that of jurisdiction.

2. Writ Petition is disposed of accordingly. No order as to costs.


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