Kundrapu Varalakshmi vs The State Of Ap
2021 Latest Caselaw 43 AP

          THE HON'BLE SRI JUSTICE M.GANGA RAO

     WRIT PETITION NOs. 7117 OF 2019 & 8170 OF 2019


COMMON ORDER:


        The   petitioners    filed   these    two   writ   petitions

complaining interference of the official respondents without

following due procedure established by law. The cause of

action for both the writ petitions arises out of the same facts

and question of law. Hence, these two writ petitions are

taken up for adjudication and disposed of by this common

order.

2. The petitioners state that they are the absolute owners

and possessors of land an extent of Ac.0.11 cents situated in

Sy.No.476/4 of Duppituru Village, Atchutapuram Mandal,

Visakhapatnam District, by virtue of the registered Gift

settlement deed dated 31.12.2018 executed by one K.Venkata

Rao and K.Satyanarayana vide Document No.8035 of 2018.

They state that originally one Narasimhamam was the

absolute owner and possessor of the land in Sy.No.476 of

Duppituru Village. The said Narasimhamam executed a

registered sale deed dated 08.07.1991 in favour of K.Devudu

and Ramaswamy in respect of the land an extent of Ac.1.16

cents situated in Sy.No.476/4 and land an extent of Ac.1.55

cents situated in Sy.No.477 of Duppituru Village,

Atchutapuram Mandal, Visakhapatnam District. In family

partition between Demudu and Ramaswamy, land an extent

of Ac.0.48 cents situated in Sy.No.476/4 was fallen to the

share of Ramaswamy. The remaining extent was allotted in

favour of Demudu. The said Ramaswamy had three children,

namely, Nageswara Rao, Venkata Rao and Satyanarayana.

The said three brothers inherited the land and in oral

partition, the land an extent of Ac.0.48 cents in Sy.No.476/4

was allotted in favour of Venkata Rao. He was issued a

pattadar passbook No.874 in respect of the land an extent of

Ac.0.45 cents instead of Ac.0.48 cents by the Mandal Revenue

Officer, Atchutapuram Mandal. Devudu died in the year

2016. The adangals also reflect the name of Ramaswamy.

The recent adangal dated 01.08.2018 reflects the name of the

donor of the petitioners by name K.Venkata Rao. K.Venkata

Rao constructed a thatched shed in that land and applied for

electricity connection. The Electricity department provided

electricity connection vide S.C.No.113442A016001572 to the

thatched shed. He paid electricity charges regularly, without

any default. As per the Gift settlement deed dated

31.08.2018, the petitioners took possession of thatched shed.

The petitioners made an application to change the electricity

connection in their name. The petitioners further state that

while things stood thus, surprisingly on 27.06.2019, the

respondent officials/ Electricity department affixed a letter

dated 24.06.2019 to their thatched shed which was

addressed to their donors stating that a civil suit is pending

in O.S.No.28 of 2018 and that one L.Demudamma made a

complaint to disconnect the power connection, and therefore,

a notice was issued to submit the documents. In the

meanwhile, the Panchayat Secretary issued a letter to the

electricity authorities that they cancelled the No objection

letter which was issued by them in favour of the donor of the

petitioners. Hence, they disconnected the power connection

on 27.06.2019 highhandedly. They submit that the dispute

in O.S.No.28 of 2018 is in respect of the other land but not

the present subject land. But, the electricity authorities

without conducting any enquiry illegally disconnected the

power connection on the instructions of local M.L.A. In fact,

they are residing in the thatched shed since December, 2018

and in view of the disconnection of power supply, they are

suffering irreparable loss and injury. They further state that

when the revenue authorities are trying to interfere with their

possession, they filed Writ Petition No.7117 of 2019 before

this Court and this Court granted interim direction on

11.06.2019 directing the revenue authorities not to

dispossess the petitioners from the subject land without

following due process of law. Devudamma now by colluding

with the local MLA pressurized the respondents 2 and 3 to

disconnect the power connection and the respondent

authorities even though they are nothing to do with the civil

disputes, without conducting any enquiry, illegally

disconnected the power connection.

3. This Court, by order dated 28.06.2019 in W.P.No.8170

of 2019, directed the respondent authorities therein to restore

the electricity service connection vide bearing S.C.No.

113442A016001572 to the premises situated in Sy.No.476/4

of Duppituru Village, Atchutapuram Mandal, Visakhapatnam

District, forthwith.

4. In both the writ petitions, the impleaded respondents

(as respondents 4 to 8 in W.P.No.8170 of 2019 by order dated

06.02.2020 passed in I.A.No.2 of 2019 and as respondents 5

to 9 in W.P.No.7117 of 2019 by order dated 13.02.2020

passed in I.A.No.2 of 2019) filed counter denying the

averments of the affidavit stating that their grandfather by

name Kundrapu Narasimham S/o.Venkayya was the absolute

owner and possessor of land to an extent of Ac.0.45 cents out

of Ac.1.16 cents situated in Survey No.476/4 of Duppituru

Village, Atchutapuram Mandal, Visakhapatnam District,

having purchased the same through a registered Sale deed

vide Document No.1468 of 1953 dated 19.05.1953. He was

in continuous possession and enjoyment of the same. He had

no issues, but he adopted their father by name Kundrapu

Kondadu and their father filed a suit in O.S.No.201 of 1971

against their grandfather - Kundrapu Narasimham for

partition of the suit schedule properties into two half shares

and for allotment of separate possession. One Pyla

Narasimham Naidu (who was the 4th defendant in O.S.No.201

of 1971) claimed that he was the adopted son of Kundrapu

Narasimham S/o.Venkanna. After contest, the suit was

decreed by holding that their father was the adopted son of

their grandfather-Kundrapu Narasimham. It was also held

that the transactions that took place during pendency of the

suit including the Sale deed dated 08.07.1991, through which

the writ petitioners are claiming source of title was creative

and collusive document. The same was brought into

existence to show that Pyla Narasimham Naidu was the

adopted son of their gather. The said judgment and decree

had become final. After the death of their grandfather, their

father was in continuous possession and enjoyment of the

land and after the demise of their father, they succeeded to

the property. Since then, they have been in continuous

possession and enjoyment of the land. The writ petitioners

have no manner of right, title and possession to the subject

land and even otherwise they prayed for writ of Mandamus for

non-existing land. The husband of the 1st petitioner by name

K.Venkata Rao got only Ac.0.45 cents in Survey No.476/4

and he sold the same to one Dharmireddy Satyam under the

registered Sale deed dated 11.09.2017 and the entire land

has been accounted. Therefore, there is no land available to

the husband of the 1st petitioner to convey the subject land of

Ac.0.11 cents in Survey No.476/4 in favour of the writ

petitioners. The petitioners filed these writ petitions in

collusion with their husbands by suppressing true and

material facts including filing of O.S.No.28 of 2018 on the file

of the Principal Senior Civil Judge, Yalamanchili against the

donor - husband of the 1st petitioner, for declaration of title

and injunction and no injunction orders are obtained till date.

5. Sri A.S.C.Bose, learned counsel for the petitioners,

would contend that by virtue of registered Gift Settlement

deed dated 31.12.2018, the petitioners have been in

possession of the land to an extent of Ac.0.11 cents situated

in Survey No.476/4 of Duppituru Village. They made an

application on 05.06.2019 to the Electricity department to

change the electricity connection vide S.C.No.

113442A016001572 in their name from the donor's name.

The revenue officials and electricity department officials are

interfering with their peaceful possession and enjoyment

without following due process of law and disconnected the

power supply. In view of the interim directions of this Court

dated 28.06.2019 passed in W.P.No.8170 of 2019, the

electricity service connection was restored and now the

petitioners are in continuous possession and enjoyment of the

subject land.

6. Sri Prabhala Rajasekhar, learned counsel appearing for

the impleaded unofficial respondents, would contend that the

impleaded respondents have been in continuous possession

and enjoyment of the land to an extent of Ac.0.45 cents out of

Ac.1.16 cents situated in Survey No.476/4. Their grandfather

by name Kundrapu Narasimham succeeded in the suit in

O.S.No.201 of 1971. The vendors' vendor of the writ

petitioners have no title and no land is existing on ground.

By suppressing the pendency of the suit in O.S.No.28 of 2018

on the file of the Principal Senior Civil Judge, Yalamanchili

and misrepresenting the electricity department, the writ

petitioners obtained electricity service connection, for which

the 4th respondent filed a complaint to the electricity

department and on her complaint, they issued notices and

disconnected the power supply. The contention of the writ

petitioners that on the influence of the local M.L.A. the

respondents 2 and 3 are interfering with their possession and

enjoyment, is false and in fact the writ petitions are devoid of

merit and are liable to be dismissed.

7. In the facts and circumstances of the case and

considering the submissions of the learned counsel, and on

perusal of the record, this Court found that to decide the lis

between the parties, the disputed questions of fact in respect

of the land to an extent of Ac.0.11 cents situated in

Sy.No.476/4 of Duppituru Village, Atchutapuram Mandal,

Visakhapatnam District and its possession by the contending

parties do arise for consideration. Normally, this Court while

exercising power under Article 226 of the Constitution of

India cannot embark on the disputed questions of fact by

conducting roving enquiry into the documents of their claim

and possession.

8. The impleaded respondents are already filed suit in

O.S.No.28 of 2018 for declaration of title and for permanent

injunction before the Principal Senior Civil Judge,

Yalamanchili and they can effectively pursue the said suit.

Whereas, the grievance of the writ petitioners is that they are

in possession and enjoyment of the land to an extent of

Ac.0.11 cents by virtue of Gift settlement deed and obtained

electricity connection and staying in the said property and the

respondents 2 and 3 at the instance of the local M.L.A. are

interfering with their possession and enjoyment without

following due process of law.

9. The official respondents are not filed any counters in

these writ petitions. In these circumstances, the respondents

2 and 3 in W.P.No.7117 of 2019 are directed not to interfere

with the possession and enjoyment of the petitioners over the

subject property without following due process of law. The

respondents in W.P.No.8170 of 2019 are also directed not to

disconnect the power supply of the petitioners' thatched

house premises, without any notice and opportunity as per

law. However, the writ petitioners are directed to approach

the Civil Court for any interference of the impleaded

respondents and if the official respondents are interfering

without following due process of law, obtain appropriate

orders to protect their possession and enjoyment from the

competent Civil Court. Therefore, both the parties are

relegated to the Civil Court to obtain necessary orders to

protect their possession and enjoyment. The Civil Court, if

the petitioners approached, shall decide the lis without being

influenced by any of the observations made in these writ

petitions.

10. Accordingly, both the Writ Petitions are disposed of with

the above observation. No order as to costs.

11. Miscellaneous Petitions, if any, pending in these two

writ petitions shall stand closed.

___________________________ JUSTICE M.GANGA RAO

07-01-2021 anr

THE HON'BLE SRI JUSTICE M.GANGA RAO

WRIT PETITION NOs. 7117 OF 2019 & 8170 OF 2019

07-01-2021

anr