R V K M SURYA RAO BAHADUR VARU RAJAH OF PITHAPURAM Vs. BOARD OF REVENUE SETTLEMENT OF ESTATES MADRAS
HIGH COURT OF MADRAS
R.V.K.M. Surya Rao Bahadur Varu
Board of Revenue Settlement of Estates Madras
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Subba Rao, J. -
(1.) This is an application for issuing a writ of 'certiorari' and for quashing the order of the Board of Revenue dated 6-8-1951.
(2.) The building described in the schedule annexed to the affidavit filed in support of the petition is situated in Polavaram B Estate, East Godavari district. In March 1950 the manager of the Pitapur and other allied estates filed a petition before the Estates Abolition Tribunal for having the value of the said building assessed. That application was referred to the District Collector, Eluru, for enquiry, who forwarded the same to the Board of Revenue. The Board of Revenue held that the said building constituted two sepa-rate buildings, one of them being used as an office before Act 26 of 1948 came into force, and the R.V.K.M. Surya Rao Bahadur Varu, Rajah of Pithapuram vs. The Board of Revenue (... Page 2 of 4 other, a small one, being used by visiting officers and by other guests. The Board directed the value of the main building to be deducted from the compensation payable to the Zamindar, and excluded the smaller building from the operation of the provisions of Section 18 of the Act. The present application is filed to quash that order.
(3.) Learned counsel for the petitioner raised before me three points :
(i) The Government has no jurisdiction to delegate its power under Section 18 of the Act to the Revenue Board, (ii) The building in question is not part of Polavaram B Estate; and (iii) the main building along with the out-house form component parts of the same building, and the house not being used solely for office purposes the entire building will not fall within the scope of Section 18. The first two points were not raised before the Revenue Board, and they raise a question of jurisdiction. The petitioner who has submitted to the jurisdiction of the Revenue Board is precluded from questioning the jurisdiction in a writ of 'certiorari'.;
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