HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1322 of 2014 DATE: 28.10.2014 Between:
B. Radha Krishna … Appellant And Jagadishwarappa & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1322 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal has been preferred against the judgment and order of the learned Single Judge dated 18.07.2014, whereby His Lordship was pleased to remand the matter to the revisional authority, who is the Joint Collector concerned, to decide the issue of jurisdiction and his power to entertain the revision application.
After hearing the learned counsel for the appellant we reject his contention and hold that question of jurisdiction goes to the very root of the matter and the same has to be decided even if it is not raised before the appellate authority or not pleaded specifically in the pleadings and the Court has every power to decide this issue. We do not see any ground to interfere with the impugned order. However, we make it clear that the time mentioned by the learned Single Judge shall be strictly followed by the revisional authority without any departure or deviation. We also make it clear that in spite of notice if any of the parties does not appear before the revisional authority – Joint Collector, he shall proceed with the matter in the absence of such party without waiting for his appearance.
With the above observation, the writ appeal is disposed of.
Pending miscellaneous petitions, if any, shall also stand disposed of. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 28.10.2014 ES