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(Bhogila) Ramchandrayya Patnaik Vs. (Rapaka) Narayana and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1927Mad218
Appellant(Bhogila) Ramchandrayya Patnaik
Respondent(Rapaka) Narayana and ors.
Excerpt:
- order1. this petition has been referred to us by government under rule 59 of the new agency rules or rule 24 of the old rules whichever may be found to apply. these rules apply to petitions against the proceedings of the agent to governor or the government agent in respect of matters not otherwise provided for in these rules. the present petition, however, does not refer to the proceedings of the government agent or agent to the governor but is an appeal against the order of the divisional officer of the ghats agency and consequently it does not appear to be governed by either of these rules, and, therefore, no reference can be made under these rules.2. if it is to be treated as a reference under the old rule 24 or the new rule 59 it may be observed that neither of these rules gives to.....
Judgment:
ORDER

1. This petition has been referred to us by Government under Rule 59 of the New Agency Rules or Rule 24 of the old rules whichever may be found to apply. These rules apply to petitions against the proceedings of the Agent to Governor or the Government Agent in respect of matters not otherwise provided for in these rules. The present petition, however, does not refer to the proceedings of the Government Agent or Agent to the Governor but is an appeal against the order of the Divisional Officer of the Ghats Agency and consequently it does not appear to be governed by either of these rules, and, therefore, no reference can be made under these rules.

2. If it is to be treated as a reference under the old Rule 24 or the new Rule 59 it may be observed that neither of these rules gives to Government any power of reference to the High Court. In these circumstances, we are unable to deal with this petition as we have no jurisdiction to do so. It will, therefore, be returned to the Government.


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