THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.S.A.No. 7 of 2010 JUDGMENT: The appeal is filed against the order dated 25.01.2010 in LTR Appeal No.A4/CPC/03/1991 of the Additional Agent to Government and Project Officer, Integrated Tribal Development Agency (for short “ITDA”), Adilabad Headquarters at Utnoor, who has confirmed the order of the, whereunder the respondents claimed to have sought for possession of the property to an extent of Ac.3-26 guntas in Sy.No.30 and Ac.7-03 guntas in Sy.No.35 situated at Gangannapet village of Utnoor Mandal. The defendants are said to have forcibly occupied the lands. The plaintiffs claimed that they are the successors of the original owner of the property, whereas the defendants claimed that the land was purchased under two registered sale deeds and they have been in possession of the property. As can be seen from the record, the defendants 2 and 3, who are minors and nobody was represented as their guardian and it appears that the Agency Divisional Magistrate, Utnoor has recorded their statements and relied upon those statements. Evidently, it is difficult to accept such a procedure adopted by the Agency Divisional Magistrate, Utnoor. The property according to the order of the Magistrate shows that it was purchased by the 1st defendant in the name of the minors and as there was no permission or registration of the documents, the claim of the defendants was rejected. As against that, the appeal was preferred and the Project Officer, ITDA, Utnoor confirmed the order of the lower authority. The learned counsel for the appellants strongly contends that the suit was not properly instituted, there was no plaint and no court fees was paid and the jurisdiction of the Agency Divisional Magistrate, Utnoor is also wanting and furthermore the evidence was not recorded and recording the statements of the minors is not valid and, therefore, the orders of the lower authorities are vitiated. Evidently, the rights in the immovable property are involved and special power is conferred on the Agency Divisional Magistrate and also the Appellate Authority to decide the rights and the Rules are framed for the procedure of dealing with the cases and to some extent the provisions of Civil Procedure Code, 1908 are made available and even otherwise the principles of natural justice have to be followed. The witnesses were not cross-examined by either side to establish the rights. Therefore, in view of the above circumstances and in view of the legal aspects raised by the learned counsel for the appellants and particularly viewed by the facts that the statements of the minors were recorded and relied upon them, it is a fit case where the orders of the lower authorities suffer from infirmity and are liable to be set aside. Accordingly, the appeal is allowed and the order dated 25.01.2010 in LTR Appeal No.A4/CPC/03/1991 of the Additional Agent to Government and Project Officer, ITDA, Adilabad Headquarters at Utnoor as against the order of the Agency Divisional Magistrate, Utnoor in No.C/Ag/U/2/90 dated 10.02.1991 is set aside and the matter is remanded to the Agency Divisional Magistrate, Utnoor to consider all the objections raised by the appellants and shall pass an order on merits, within four months from the date of receipt of copy of this order. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO, J 21-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.S.A.No. 7 of 2010 DATE: 21-09-2011 MR