Andhra Pradesh High Court - Amravati

Mangipudi Nagaraju vs State Of Andhra Pradaesh on 20 January, 2021

Bench: M.Ganga Rao

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY , THE TWENTIETH DAY OF JANUARY
TWO THOUSAND AND TWENTY ONE ty
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO

1.A No. 1 OF 2021
IN
WP NO: 1399 OF 2021

Between:
Mangipudi Nagaraju, S/o.Rarnalingeswarudu, "a
...Petitioners" >"
(Petitioner in WP 1399 OF 2021
on the file of High Court)
AND

4. The State Of Andhra Pradaesh, Rep. by its Principal Secretary, Registration and
Stamps Department, 4th.Block, Ground Floor, Room No.134, A.P Secretariat
Office, Velagapudi, Guntur District.

2. The Commissioner and Inspector General,, Registration and Stamps

Department, D.NO.5-59, RK Spring Tally Apartment, A-Block, Edupugallu (V),

Kankipadu, (M) Krishna District.

The District Registrar,, at Rajamahendravaram, East Godavari, Andhra Pradesh

The Sub Registrar, Amalapuram, East Godavari District.

The Joint Sub Registrar,, Amalapuram East Godavari, Andhra Pradesh.

The District Collector, Kakinada, East Godavari District,

The Revenue Divisional Officer, Amalapuram Division, East Godavari District.

The Tahsildar, Amalapuram Mandal, East Godavari District.

The Village Revenue Officer, Bhatnavilli Village, Amalapuram, East Godavari

District, Andhrapradesh. _

40. The District Panchayat Officer, East Godavari District at Kakinada.

41. The Bhatnavilli Gram Panchayat, Bhatnavilli Village, Amalapuram Mandal, East
Godavari District.

42. The Director of Town and Country Planning, MGM Capital, Ground Floor, Near
NRI Flyover, Beside. little Village Restaurant, Chinakakani, Mangalagiri, Guntur-
522508 .

13. The. Station House Officer,, Amalapuram Rural Police Station, East Godavari
District, Andhra Pradesh. _

14. Sri Kappaganthula Satya Vara Prasad,, S/o. Kappaganthula Prabhakara Rao
Aged about 40 years, R/o. D.No.3-195, Chinnaveedhi, Bhatnaveell8i Village,
Amalapuram Rural Mandal, East Godavari District

15. Sri. Kappaganthula Prabhakara Rao, S/o. Kameswara Rao, Aged about 61
years, R/o. D.No.3-195, Chinnaveedhi, Bhatnavilli Village, Amalapuram Rural
Mandal East Godavari District

16.Smt.Pinipe Baby,, W/o. Sri Pinipe Viswarup, aged about 52 years, R/o.D.No.3-
30, Giddivaripeta, Hamlet of Nadavapalli Village, Katrenikona Mandal, East
Godavari District

17.Sri Pinipe Viswarup, aged about 58 years, Hon'ble Minister for Social Welfare,
Government of Andhra Pradesh, R/o.D.No.3-30, Giddivaripeta, Hamlet of
Nadavapalli Village, Katrenikona Mandal, East Godavari District

OONANAO

...Respondents
(Respondents in-do-)

Counsel for the Petitioner : SRI L. RAVICHANDRA SENIOR COUSEL FOR SRI BOBBILI
SRINIVAS

Counsel for the Respondent Nos.1 to5: GP FOR REGISTRATION AND STAMPS

Counsel for the Respondent Nos.6 to9: GP FOR REVENUE

Counsel for the Respondent Nos.10 & 11: GP FOR PANCHATAT RAJ

Counsel for the Respondent No.13 GP FOR HOME

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondents to stop constructions being made in the petitioner's land admeasuring
Ac.0.30 cents situated in Sy.No.183/1 (Ac.0.10 cents) & Sy. No. 183/2 (Ac.0.20 cents) of
Bhatnavilli Village, Amalapuram Rural Mandal, East Godavari District, pending disposal
of WP No. 1399 of 2021, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following

ORDER:

The case of the petitioner is that he is the absolute owner of agricultural land admeasuring Ac.16.63 % cents situated in various survey numbers of Bhatnavilli Village, Amalapuram Rural Mandal, East Godavari District and a house is constructed in an extent of Ac.0.10 cents in Sy.No.87/21 of Bhatnavilli Village. Originally, the said properties were the self-acquired properties of one Kappaganthula Lakshmi Narasimha Murthy and his wife Lakshmi Sodemma, who had no issues. The said Sodemma is his younger maternal aunt. He became the absolute owner and possessor of the subject properties from them as per the registered Settlement deed dated 16.03.2002, registered Sale deed dated 46.06.2003 and registered Will deed dated 02.01 2018. The 15 respondent is the son of one Kameswara Rao, who is the younger brother of Narasimha Murthy. Having lost all the properties fell to the share of his father, the 15" respondent with a mala fide intention to become the owner of the properties of said Narasimha Murthy, hatched a plan and fabricated an adoption deed dated 24.05.1993 to claim that the said Narasimha Murthy and Sodemma adopted the 14" respondent by getting their signatures on it by fraud and misrepresentation on the day when Narasimha Murthy executed and registered a sale deed in favour of his wife and also requested them to perform Vadugu to 14° respondent and out of good faith, they performed the same. As the said adoption deed is the result of fraud and misrepresentation, it cannot be acted upon and the same is evident from the college records of the 14" respondent, wherein the name of the 15" respondent is shown as the father of the 14" respondent. Even in the household card issued on 31.10.2016, the 14" respondent has been shown as the second son of 15" respondent, but whereas in the household card of Narasimha Murthy, the 14" respondent is not shown as their son. As 15'" respondent was assisting Narasimha Murthy in dealing with his properties, he might have made some signatures on blank stamp papers and by taking advantage of the possession of blank stamp papers, the 15" respondent fabricated an agreement of sale dated 25.01.1985. By relying upon the adoption deed dated 24.05.1993 and protographs of Vadugu function, the 14" respondent filed a suit in O.S.No.82 of 2002 seeking partition of the subject properties. On the other hand, the 15h respondent filed O.S.No.20 of 2002 for specific performance basing on the said unregistered agreement of sale alleged to have executed on 25.01 1985 in respect of land admeasuring Ac.8.44 4/3" including the subject land of Ac.7.55 cents after lapse of 17 years from the date of its alleged execution. The said Narasimha Murthy and Sodemma contested both the suits and denied the execution of both the adoption deed dated 24.05.1993 as well as unregistered agreement of sale dated 25.01.1985. During pendency of the said suits, Narasimha Murthy died leaving behind his wife as his sole legal hair. Later, during

pendency of both the said suits, 17' respondent alleged to have purchased the

properties, which are the subject matter of the said suits and started construction of palatial building in the subject property. Then, the petitioner oon with Sodemma approached this Court by way of W.P.Nos.12456/2012, 19410/2012 and 25289/2012, wherein this Court granted interim orders directing the respondents 4 to 6 therein to ensure that no constructions are taken up on the land in question in contravention of the provision of the A.P. Agricultural Land (Conversion of Non-Agricultural Purposes) Act, 2006 and the A.P. Gram Panchayat Land Development (Layout and Building) Rules, 2002. Both the suits viz., O.S.No.20/2002 and 82/2002 were decreed by the Senior Civil Judge, Amalapuram vide judgment dated 29.04.2019. Challenging the same, the petitioner and Sodemma filed A.S.Nos.28/2019 and 29/2019. During pendency of the said appeals, the 17" respondent plunged into action and made the respondents 14 and 15 to register the subject property in favour of 16" respondent, who is none other than the wife of 17" respondent. The respondents 16 and 17 have started illegal construction in the subject property in contravention of the subsisting interim orders passed by this Court in W.P.Nos.12456/2012, 19410/2012 and 25289/2012. Aggrieved by the said illegal construction, the petitioner and Sodemma have made a representation to the District Town & Country Planning Officer, Kakinada and in turn he directed the Panchayat Secretary by letter dated 29.03.2012 to inspect the site and submit the detailed remarks. But, the Panchayat Secretary has not submitted any report till date and the 17" respondent has been proceeding with the said illegal construction. Then, the petitioner and Sodemma filed W.P.No.12456 of 2012, wherein this Court passed interim order dated 26.04.2012 directing the respondents 4 to 6 therein to ensure that no constructions are taken up on the subject land in contravention of the A.P. Agricultural Land (Conversion of Non-Agricultural Purpose) Act, 2006 and AP. Gram Panchayat Land Development (Layout & Building) Rules, 2002. Even then, the 17'" respondent proceeded with the illegal construction. Then, the petitioner along with Sodemma filed W.P.No.25289 of 2012, wherein this Court by order dated 03.09.2012 directed that no further construction shall go on over the land in question. Yet, the respondents 16 and 17 are making constructions in the land in question, which is the subject matter of three writ petitions. When he tried to object the said construction in the last week before filing the present writ petition, the henchmen of 17" respondent threatened him with dire consequences and when the same was informed to the 13 respondent, no action has been taken. All the authorities right from respondents 3 to 12 have misused their office to confer undue advantage on respondents 16 and 17 at the instance of 17" respondent. Aggrieved by the action of

the respondents, the present writ petition is filed.

Sri L.Ravichandra, learned Senior Counsel appearing for the learned counsel for petitioner on record, states that 14" respondent in contravention of the decree and judgment dated 29.04.2019 passed in O.S.No.20 of 2002 executed the impugned sale deeds and they are vitiated by fraud and misrepresentation committed by the respondents 14 to 17. At the instance of 17" respondent, the 4". respondent illegally

entertained and registered the sale deeds in favour of 15 respondent with a view to

transfer the same in favour of 46" respondent, who is none other than the wife of 17" respondent. Based on the said illegal sale deeds, the respondents 6 to 11 issued conversion permission and the respondents 11 and 42 issued construction permission and the 16" respondent has started construction in the land of the petitioner, which is the subject matter of W.P.Nos.12456/2012, 49410/2012 and 25289/2012. Though this Court passed interim orders in the said three writ petitions directing not to make any constructions in the subject land, the respondents 16 and 17 are making constructions

in the land, which is illegal and arbitrary.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel, and on perusal of the record, this Court prima facie

satisfied that the petitioner has shown sufficient cause for grant of interim direction.

Accordingly, there shall be interim direction as prayed for. / Sd/-M.Suryanadha Reddy ASSISTANT EGISTRAR ITTRUE COPY!/ ;

FFICER

SECTION O

en wer ae eee TE INAARN

1. The Principal Secretary, Registration and Stamps Department, State of Andhra Pradesh 4" Block, Ground Floor, Room No.134, A-P Secretariat Office, Velagapudi, Guntur District.

2. The Commissioner and Inspector General, Registration and Stamps Department, D.NO.5-59, RK Spring Tally Apartment, A-Block, Edupugallu (V), Kankipadu, (M) Krishna District.

3 The District Registrar,, at Rajamahendravaram, East Godavari, Andhra Pradesh

4. The Sub Registrar, Amalapuram, East Godavari District.

5. The Joint Sub Registrar,, Amalapuram East Godavari, Andhra Pradesh.

6. The District Collector, Kakinada, East Godavari District,

7. The Revenue Divisional Officer, Amalapuram Division, East Godavari District.

8. The Tahsildar, Amalapuram Mandal, East Godavari District.

9. The Village Revenue Officer, Bhatnavilli Village, Amalapuram, East Godavari District, Andhrapradesh.

40. The District Panchayat Officer, East Godavari District at Kakinada.

44. The Bhatnavilli Gram Panchayat, Bhatnavilli Village, Amalapuram Mandal, East Godavari District.

142. The Director of Town and Country Planning, MGM Capital, Ground Floor, Near NRI Flyover, Beside little Village Restaurant, Chinakakani, Mangalagiri, Guntur- 522508

13. The. Station House Officer,, Amalapuram Rural Police Station, East Godavari District, Andhra Pradesh.

14.Sri Kappaganthula Satya Vara Prasad, S/o. Kappaganthula Prabhakara Rao Rio. D.No.3-195, Chinnaveedhi, Bhatnaveell8i Village, Amalapuram Rural Mandal, East Godavari District

15.Sri. Kappaganthula Prabhakara Rao, S/o. Kameswara Rao, R/o. D.No.3-195, Chinnaveedhi, Bhatnavilli Village, Amalapuram Rural Mandal East Godavari District

16. Smt.Pinipe Baby,, W/o. Sri Pinipe Viswarup, R/o.D.No.3-30, Giddivaripeta, Hamlet of Nadavapalli Village, Katrenikona Mandal, East Godavari District

17.Sri Pinipe Viswarup, Minister for Social Welfare, Government of Andhra Pradesh, R/o.D.No.3-30, Giddivaripeta, Hamlet of Nadavapalli Village, Katrenikona Mandal, East Godavari District

18.One CC to Sri Srinivas Bobbili, Advocate [OPUC]

19. Two CCs to GP for Registration And Stamps ,High Court of Andhra Pradesh. [OUT] |

20. Two CCs to GP for Revenue \High Court of Andhra Pradesh. [OUT]

24. Two CCs to GP for Panchayat Raj ,High Court of Andhra Pradesh. [OUT]

22.Two CCs to GP for Home \High Court of Andhra Pradesh. [OUT]

23. One spare copy

TVR

HIGH COURT

MGRJ

DATED:20/01/2021

ORDER

WP.No.1399 of 2021