THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CIVIL REVISION PETITION No.2981 of 2000 O R D E R: This Civil Revision Petition is directed against the order passed by the learned Special Assistant Agent, Mobile Court, Bhadrachalam on 27.04.2000 in O.S.No.41 of 2000 on his file. A suit for perpetual injunction was filed before the Special Assistant Agent by the first respondent herein against the revision petitioners herein in respect of the schedule land in R.S.No.56/9 of an extent of Ac.4.20 cents and R.S.No.56/10 of an extent of Ac.0.75 cents of Venkatapuram village, Khammam District. The basis for the claim is that the first respondent herein is in possession of the land and paying land revenue to the Government and the revision petitioners herein, who are non-tribals, are trying to dispossess the first respondent herein, who is a tribal, without any right. The Special Assistant Agent referred to the A.P.Scheduled Areas Land Transfer Regulations 1/1959, 1/1970 and 1/1978 to assume that no non-tribal is entitled to acquire any immovable property in the scheduled areas in the State and therefore, the alleged interference by the revision petitioners with the first respondent’s possession of the land is an atrocity against a tribal. The Special Assistant Agent further directed the Mandal Revenue Officer to take steps for assigning the suit schedule property to the first respondent herein and directed the revision petitioners herein not to interfere with the first respondent’s peaceful possession of the schedule property, which is a Government land. The disposal of the suit accordingly led to this revision contending that the Special Assistant Agent exceeded his jurisdiction in disposal of the suit at the stage of admission without any notice to the revision petitioners, by adopting a procedure unknown to law and in violation of the principles of natural justice. It was pointed out that the Agency Rules provide for a detailed procedure governing the suits and the impugned order, merely based on the claims of the first respondent herein, without hearing the revision petitioners, cannot be sustained. While admitting the Civil Revision Petition, the learned Judge noted on 01.08.2000 that number of cases of this nature, where decrees were granted on presentation of plaints without notice to the defendants, had come to the notice of this Court and observed that these Courts have become a source of causing injustice to the people of the scheduled areas and the matter was coming on for hearing the learned Advocate General. It is represented by Sri Y.Chandra Sekhar, learned Special Government Pleader, representing the learned Advocate General that in similar Civil Revision Petitions, enquiring into the same question about the maintainability of revisions under Article 227 of the Constitution of India, this Court has decided in favour of the maintainability of such revisions and the question is no longer res integra. If the revision petition is thus maintainable, the impugned order on its face is unsustainable as observed by the learned Judge even while admitting the Civil Revision Petition on 01.08.2000, and not following the prescribed procedure under the Agency Rules, not giving any notice to the revision petitioners before the decree is passed against them and acting ex parte solely based on the averments made in the plaint are no doubt matters which are against the fundamental principles of judicial procedure and natural justice and the impugned order cannot be sustained. The matter has to be remitted back to the Court of the Special Assistant Agent, Mobile Court, Bhadrachalam for fresh determination in accordance with law. Therefore, the order of the learned Special Assistant Agent, Mobile Court, Bhadrachalam in O.S.No.41 of 2000 on his file dated 27.4.2000 is set aside and O.S.No.41 of 2000 is remitted back to the said Court for fresh determination in accordance with law on merits after every reasonable opportunity to both parties as per the prescribed procedure. Accordingly, the Civil Revision Petition is allowed. No costs. _____________________ G.BHAVANI PRASAD,J 22nd July, 2010. PNV