THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.2111 OF 2010 21st June 2010 BETWEEN: SURARAPU JYOTHI .. PETITIONER AND REKALA VASANTHA AND OTHERS .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.2111 OF 2010 O R D E R: 1. This Civil Revision Petition is directed against the order dated 6.5.2010 passed in I.A.No.127 of 2010 in O.P.No.8 of 2006 on the file of Election Tribunal cum Junior Civil Judge, Nakrekal, whereby and where under the learned Junior Civil Judge allowed the application filed by 1st respondent herein under Order 16, Rule-1(A) and 9 r/w Section 151 of CPC, read with section 129 of Civil Rules of Practice. 2. The petitioner herein is the 1st respondent in O.P.No.8 of 2006 whereas the 1st respondent herein is the petitioner in the said O.P. The 1st respondent filed O.P.No.8 of 2006 questioning the election of the petitioner herein as Sarpanch of Madharamkalan village, Shaligouraram Mandal, Nalgonda District. 3. The principal ground of challenge of the petitioner herein is that the petitioner was a minor as on the date of her nomination. Initially the O.P.No.8 of 2006 came to be dismissed on 12.6.2008. Thereupon, 1st respondent herein filed W.P.No.18181 of 2008. The writ petition came to be disposed of on 24-11-2009 remanding the matter back to the Junior Civil Judge, Nakrekal to enable the parties to adduce fresh evidence. Thereupon, the 1st respondent herein filed I.A.No.127 of 2010 under Order 16, Rule-1(A) and 9 r/w Section 151 of CPC, read with section 129 of Civil Rules of Practice to summon the following persons: 1) The Head Master, P.S., Rapaka (D), Mothkur Mandal. 2) The Head Master, Z.P.H.S., Dacharam, Mothkur Mandal. 3) The Principal, Government Junior College, Mothkur. 4) The Tahsildar, Mothkur Mandal. It is trite to note paragraphs 6 to 8 of the affidavit filed in support of I.A.No.127 of 2010, which read as under: “ 6. I submit that before filing this petition, I have filed an application before the Head Master, P.S.D.Rapaka, The Head Master, Z.P.H.S., Dacharam and the Principal Government Junior College, Mothkur and also to the Tahsildar, Mothkur to furnish the certified copies of above mentioned documents and the said officials have refused to receive the same. As such I compelled to send the applications forms to the said officials by registered post with acknowledgement due. The xerox copies of applications filed by me addressing the above officials and registered post receipts are filed herewith for the kind perusal of the Hon’ble court. 7. I came to know that the said officials have received my application through post, but till today there is no response from the said officials inspite of my oral requests. 8. It is submitted that there is no other way to me except filing this petition to obtain order from the Hon’ble Court for issuance of witness summons and also to produce the original documents or duly attested copies of documents before the Hon’ble Court to give evidence on them on my behalf.” 4. The petitioner herein filed counter affidavit to the said application resisting the prayer sought for therein. It is stated in the counter affidavit that the petitioner therein filed the petition only to create some documents. The learned Junior Civil Judge, on considering the material brought on record and on hearing learned counsel appearing for the parties, came to the conclusion that the 1st respondent herein made out a case to summon the witnesses stated supra along with documents and thereby allowed the application by an order dated 6-5-2010. The said order is assailed in this revision. 9. When the revision came up for admission 1st respondent entered appearance through a counsel. 10. Heard learned counsel appearing for the parties and perused the material brought on record. 11. The learned counsel appearing for the petitioner submits that the 1st respondent herein earlier filed I.A.No.66 of 2007 in O.P.No.8 of 2006 seeking the selfsame relief and the said application ended in dismissal in which case the application filed by the 1st respondent under Order 16, Rule-1 (A) and 9 r/w Section 151 of CPC, read with section 129 of Civil Rules of Practice is also liable to be dismissed. A further submission has been made that the petitioner having made application to the concerned authorities for copies of documents rushed to the court and filed I.A.No.127 of 2010 without waiting for reasonable time to receive the response from the authorities and therefore the said I.A. filed by the 1st respondent herein is liable to be dismissed. 12. Learned counsel appearing for the 1st respondent submits that the 1st respondent made her efforts to secure the certified copies of the documents from the authorities and since her effort proved to be futile, she filed I.A.No.127 of 2010 to summon the persons stated supra along with the documents. 13. Indisputably the order passed in O.P.No.8 of 2006 came to be set aside by this court in W.P.No.18181 of 2008 and consequently the matter came to be remanded by the trial court for fresh disposal after giving opportunity to both the parties. The 1st respondent herein made her efforts by filing an application before the concerned authorities for securing the copies of the documents. Since her efforts proved to be futile, she approached Junior Civil Judge, Nakrekal by filing I.A.No.127 of 2010. The dispute is with regard to the date of birth of the petitioner herein. The authorities who were to be summoned along with the documents are essential to speak of the date of birth of the petitioner herein as entered in the register maintained by the said authorities. The learned Junior Civil Judge considered the matter in right perspective and allowed the application filed by the 1st respondent herein. I do not see any illegality or irregularity warranting interference of this court in the order impugned in this revision in exercise of the power conferred under Article 227 of the Constitution of India. 14. Accordingly, this Civil Revision Petition is dismissed at the admission stage. 21st June, 2010. ( B.Seshasayana Reddy, J ) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.2111 OF 2010 21st June 2010.