HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.686 of 2014 Date: 23.04.2014 Between:
Mohd.Mohsin Quaraishi . Appellant AND The Government of Andhra Pradesh (Revenue Department), represented by its Principal Secretary Hyderabad and others ...Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.686 of 2014 JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) Learned Government Pleader for Revenue takes notice of the appeal. We admit this appeal and we decide the same today itself.
We find that the learned single Judge was pleased to dismiss the writ petition on the question raised in the writ petition. However, at the same time, has granted liberty to approach the appellate authority. The learned single Judge while deciding the question of jurisdiction held that the appellant is estopped from raising the question of jurisdiction in this matter which is second round of litigation as he has approached this Court earlier in relation to the controversy and at that time question of jurisdiction has not been raised. We are unable to subscribe the view taken by the learned single Judge. If it is found that the Court or the authority concerned inherently lacks jurisdiction, such decision is always nullity and it can be taken up at any stage of the proceedings even in collateral proceedings. This legal position has been well settled by the Hon’ble Supreme Court in umpteen numbers of cases.
Accordingly, we dispose of the Appeal permitting the appellant to prefer regular appeal as provided under the statute. If the limitation period to prefer appeal is over by this time, it will be open for the appellant to file an application for condonation of delay as provided under Section 11 of the Andhra Pradesh Land Encroachment Act, 1905. If such an application is made, the appellate authority will consider the delay for time being taken filing present writ petition and appeal before this Court. All points are kept open.
Pending miscellaneous Petitions, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
23-04-.2014
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