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Kurapati Lakshmaiah and ors. Vs. Additional Agent to Government and Pr ...

Court : Andhra Pradesh

Reported in : 2008(1)ALD840; 2008(3)ALT805

..... 19, revenue (w) department, dated the 8th january, 1987, the governor of andhra pradesh hereby authorize the project officers, integrated tribal development agencies, srikakulam, vizianagaram, visakhapatnam, east godavari, west godavari, khammam, warangal and adilabad districts insofar as the scheduled area is concerned, to exercise all the powers vested in the district collectors by or under the laws mentioned below:(1) ..... , dated 22.1.1968 and shown in the appendix to this order shall be exercised by the project officers of integrated tribal development agencies in the districts of srikakulam, vizianagaram, visakhapatnam, east godavari, west godavari, khammam, warangal and adilabad insofar as the tribal sub-plan area is concerned and necessary notifications etc. ..... after establishment of itdas in adilabad, east godavari, khammam, srikakulam, visakhapatnam, vizianagaram and warangal districts (cumulatively called as agency districts) for implementation of developmental programmes for tribals in sub-plan area, the project officers of itdas were vested with administrative control over agriculture, horticulture, live-stock farms, ashram schools. ..... the power to transfer suit pending in any other court of equal or inferior jurisdiction as well as power to transfer a suit from the court of agency munsiff to any other agency munsiff and power to transfer a suit or appeal to any divisional officer vests in the agent. .....

Mozaffar Imam Khan and ors. Vs. the State of Bihar and ors.

Court : Patna

..... this court finds the stand strange because there are several documents which are there on the record to show that the board of the agency had created the posts, advertised the same, made selection and appointed persons to work for them on a regular basis, which included the ..... to petitioners a letter of the state government dated 20.2.2004 (annexure-10) is clincher on the issue because by virtue of this letter state government confirmed that it was the agency which had the due authority to create posts and make appointments and the government to that extent had no role in the matter.7. ..... on behalf of the state government that unless the posts in question were approved or sanctioned by them appointments under agency was illegal is quite misplaced for the reason that the state government as far back as in 1975 had instructed the agency that they had due power and authority to create posts and make appointments to the posts carrying salary upto rs. ..... the order says that the issue of regularisation and promotion of treasure guards was pending with the agency for a long time and the agency after due consideration has decided to regularise the services of the petitioners as well as confer benefits of promotions to ..... writ application was filed since salary was not being paid to them since june, 2004, the petitioners made a grievance that they have been working for the last 25 years under the agency and for the last two years on one pretext or the other their salary has been stopped. .....

AshifaquddIn and ors. Vs. Mohd. AzizuddIn and ors.

Court : Andhra Pradesh

Reported in : AIR1978AP354

..... by the learned counsel for the plaintiffs that the jurisdiction of civil courts extends also to the areas covered by the scheduled areas, that the agency courts are constituted primarily for the benefit of tribals and therefore suits between non-tribals can be entertained by ordinary civil courts having jurisdiction over scheduled ..... for the appellants that the district court, adilabad, had no jurisdiction to entertain the suit as the suit lands are situated in utnoor, which is a scheduled area, that it is only the competent agency courts constituted under the agency rules that have jurisdiction to entertain the suit and therefore the judgment and decree of the lower court are null and void.4. ..... statue, but they are seeking to enforce common law rights in respect of lands situate in scheduled areas where two forums have concurrent jurisdiction to entertain suits of a civil nature, (1) the agency courts constituted under the agency rules and the other the ordinary civil courts constituted under the civil courts act and governed by the civil p. c. ..... (2) where a suit which may be instituted in any one or two or more courts subordinate to the agent to the state government, or the agency divisional officer is instituted in one of such courts, the agent to the state government, or the agency divisional officer, as the case may be, shall on application by the defendant, and after hearing the objections, if any of the other parties determine in which of the several courts having jurisdiction .....

Jalagam Sitarama Rao and anr. Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : AIR1978AP82

..... reads as follows:-'12 (1) on the application of the agent to the state government made with the sanction of the state government, the high court may transfer a suit, appeal or proceeding instituted in any agency court to such civil court subordinate to the high court situate outside the area comprised in the jurisdiction of the said agent to the state government as will have jurisdiction to try such suit, appeal or proceeding ..... the suit certain allegations are made against the agent himself and that the action of the agent in seeking of the powers conferred on him under the scheduled district act and the agency rules made thereunder, read with the provisions of the andhra pradesh scheduled areas land transfer regulation, 1959 furnishes the cause of action for the suit. ..... is expressly constituted as a ' court subordinate to the high court' and that is as it should be for, the agent is after all, by virtue of the powers conferred on him under the scheduled districts act and the agency rules, vested with the jurisdiction to decide the disputes of civil nature and the rights with respect to the properties within the scheduled district. ..... scheduled districts act while stating the authorities shall have power to administer criminal and civil justice, it is declared under r.3 that the courts shall, subject to the provisions contained in the agency rules, have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. .....

Vemana Somalamma and Others Vs. Deputy Collector, Tribal Welfare, Ramp ...

Court : Andhra Pradesh

Reported in : AIR1993AP312; 1993(1)ALT409

..... the result was that the andhra pradesh scheduled areas land transfer regulations came to be extended to the telangana area of the state as well.under the 1959 regulation, any transfer of immovable property situated in the agency tracts, by a member of a scheduled tribe was declared null and void unless, made in favour of any other member of a scheduled tribe or a registered co-operative society composed solely of members of the scheduled tribes or with the previous consent in ..... societies act, 1964 (act 7 of 1964) composed solely of members of the scheduled tribes or in such other manner and subject to such conditions as may be prescribed;2 (a) where a transfer of immovable property is made in contravention of subsection (1) the agent, the agency divisional officer or any other prescribed officer may, on application by any one interested, or on information given in writing by a public servant, or suo motu decree ejectment against any person in possession of the property claiming under the transfer ..... :'whether in the case of transfer of land situate within the scheduled areas by a non-tribal in favour of another non-tribal which is made absolutely null and void under the provisions of sub-section (1) of section 3, the agent, agency divisional officer or any other prescribed officer, as the case may be, isbound to restore the said land to the non-tribal transferor under the provisions of clause (a) of sub-section (2) of section 3 of the andhra pradesh scheduled areas .....

Gundla Venkateswara Rao and anr. Vs. District Collector, Khammam Distr ...

Court : Andhra Pradesh

Reported in : AIR1985AP15

..... we have to see the following acts: the ganiam and visakhapatnam act xxiv of 1839; the scheduled districts act xiv of 1874; the laws local extent act xv of 1874; the agency tracts interest and land transfer act i of 1917; the andhra pradesh scheduled areas land transfer regulation i of 1959 and the andhra pradesh scheduled areas laws (extension and amendment) regulation 2 ..... the contention of the government pleader is that the scheduled areas (part a) states order, 1950 mentions east godavari, west godavari and visakhapatnam agencies only, and unless a fresh notification is issued including the additional areas, other areas cannot be considered as agency areas for the purpose of scheduled castes and scheduled tribes order amendment act 108 of 1976 cannot be accepted, if we look into the ..... that was why when the regulation of 1959 was issued in para 5(2) of the first schedule of the constitution the agency tracts were defined to mean, the areas in the districts of east godavari, west godavari, visakhapatnam, srikakulam, adilabad, ..... contended that once the petitioner belongs to the 'goud' community and the village pinapaka is now being the agency area, the authorities are bound to issue the certificate and the refusal is wholly without jurisdiction and liable ..... hence i am clearly of the opinion that the petitioner who belongs, to the goud community in respect of agency tracts is entitled to a certificate showing his community as a scheduled tribe within the meaning of item 7 of the second .....

Mr. Venkateshwara Rao and Six ors. Vs. the Sub-judge, Khammam and anr.

Court : Andhra Pradesh

Reported in : 2000(3)LS78

..... strictly construed and unless there is a specific provision barring the jurisdiction of the civil courts, the courts cannot infer bar of jurisdiction by a process of implied reasoning and there is no provision in the agency rules expressly barring the jurisdiction of civil courts in respect of suits relating to disputes arising between on-tribals, nor can it be necessarily implied that the jurisdiction of civil courts is barred to try such suits ..... appointed a special judicial officer within any specified local limits to perform the functions of the court under the act and since the sub-court has no jurisdiction over the agency areas as per the notification under the civil courts act, the learned government pleader for home was directed to bring this fact to the notice of the government and ..... 1 (4) of the civil procedure code and the application of the civil procedure code is not prohibited and is so far as the east godavari, west godavari and visakhapatnam agencies in the state of andhra pradesh, the application of the code of civil procedure shall be without prejudice to the application of any rules and regulations for the time being in force in such ..... to resolve the question that arises for consideration in these cases, it is necessary to refer certain provisions of the andhra pradesh civil courts act and the agency laws applicable in the scheduled areas etc.under article 244 of the constitution of india, the provisions of the fifth schedule shall apply to the administration and .....

Collector/Agent to the Govt., Khammam District Vs. Bhadrachalam Divisi ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD678

..... however, learned counsel appearing for the 1st respondent-writ petitioner would contended that the impugned order need not be interfered at the instance of the agent to the government who constitutes the agency court because the plaintiff has accepted the order of the learned single judge and it has not come forward to assail the validity of the same. ..... in such situation, simply because the plaintiff who instituted the suit in the agency court has not preferred appeal against the order of the learned single judge, that would not come in the way of the state and its authorities in assailing the correctness of the order of the learned ..... but, here is an extraordinary situation and if the order of the learned single judge is allowed to stand, the jurisdiction conferred upon the agency court under section 3 of the agency rules would be restricted to entertaining the suits in respect of the land only and the jurisdiction of the agency court to entertain all other suits of civil nature would be ousted thereby substantially curtailing the jurisdiction of the agency court. ..... in view of rule 3 of the agency rules and since it is not brought to our notice by the learned counsel appearing for the writ petitioner any other statute or statutory rule which bars the jurisdiction of the agency court to entertain a suit for perpetual injunction, we hold that the agency court has jurisdiction to entertain the suit filed by the 3rd respondent. .....

Madakam Venkateswara Rao and Others Vs. Subordinate Judge, Kothagudem, ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD32; 2000(4)ALT163

..... strictly construed and unless there is a specific provision barring the jurisdiction of the civil courts, the courts cannot infer bar of jurisdiction by a process of implied reasoning and there is no provision in the agency rules expressly barring the jurisdiction of civil courts in respect of suits relating to disputes arising between on-tribals, nor can it be necessarily implied that the jurisdiction of civil courts is barred to trysuch suits, ..... appointed a special judicial officer within any specified local limits to perform the functions of the court under the act and since the sub-court has no jurisdiction over the agency areas as per the notification under the civil courts act, the learned government pleader for home was directed to bring this fact to the notice of the government and ..... 1(4)of the civil procedure code and the application of the civil procedure code is not prohibited and insofar as the east godavari, west godavari and visakhapatnam agencies in the state of andhra pradesh, the application of the code of civil procedure shall be without prejudice to the application of any rules and regulations for the time being in force in ..... to resolve the question that arises for consideration in these cases, it is necessary to refer certain provisions of the andhra pradesh civil courts act and the agency laws applicable in the scheduled areas etc.under article 244 of the-constitution of india, the provisions of the fifth schedule shall apply to the administration and .....

Mam Chajnd Vs. Sumat Prasad

Court : Delhi

Reported in : 5(1969)DLT51

..... (14) there is a great deal of practical wisdom and soundness behind this rule but the utility of the rule will by no means be lessened if instead of refusing an application the copying agency shows a little more courtesy and thoughtfulness in directly forwarding the application to the presiding officer of the court concerned instead of keeping it with itself for several days and then returning it to the applicant ..... mehra, deputy p.egistrar of this court has, however, placed before me on a requisition sent by him to the district judge, delhi a typed copy of certain rules called the 'copying agency rules' which it is stated, are contained in an old manual issued by the financial commissioner, punjab which, it is claimed, have been followed during all these years by civil, revenue and criminal courts toher than those ..... , that ntoe 3 is of general application then too the language of the rules cannto easily lend itself to the construction that an application presented to the copying agency without first obtaining the permission of the presiding officer of the court concerned must be held to be invalid in all pending cases. ..... for free copies, should be made personally or through an agent, and in either case it may be sent by post to the copying agency at headquarters, or in the case of sub-division tehsil headquarter or outlying court, to the presiding officer of the court concerned, provided in the latter case:- (a)that the case, from which a copy is applied for, is pending or, .....