Andhra Pradesh High Court - Amravati
Chinna Ayyanna vs The State Of Andhra Pradesh on 28 December, 2024
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APHC010594912024
IN THE HIGH COURT OF ANDHRA [3328]
PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
SATURDAY,THE TWENTY EIGHTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 30991/2024
Between:
1. CHINNA AYYANNA, , S/O J. AYYANNA, AGE 59 YEARS, OCC
AGRICULTURE, R/O, LAKSHMIPURAM VILLAGE, KALLUR MANDAL,
KURNOOL DISTRICT.
2. LAKSHMIDEVI, , W/O GANJILLA, AGE 84 YEARS, OCC HOUSE
WIFE, R/O, LAKSHMIPURAM VILLAGE, KALLUR MANDAL,
KURNOOL DISTRICT.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, REVENUE STAMPS AND REGISTRATION
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI , GUNTUR DISTRICT , A.P.
2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT.
3. THE SUB REGISTRAR, KALLUR MANDAL, KURNOOL DISTRICT.
4. THE SUPERITENDING ENGINEER, AP SOUTHERN POWER
DISTRIBUTION COMPANY LTD, KURNOOL CIRCLE, KURNOOL
DISTRICT
5. THE ASSISTANT EXECUTIVE ENGINEER, AP SOUTHERN POWER
DISTRIBUTION COMPANY LTD, KURNOOL CIRCLE, KALLUR
MANDAL, KURNOOL DISTRICT
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6. V BRAHMA REDDY, S/O V. RAMI REDDY, AGE 73 YEARS, R/O,
H.NO. 8/31, N.H. 7, LAKSHMIPURAM VILLAGE, KALLUR MANDAL,
KURNOOL DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner(S):
1. LAKSHMIKANTH REDDY DESAI
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following:
ORAL ORDER:
Heard Sri Lakshmikanth Reddy Desai, learned Counsel for the Writ Petitioners appearing online and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue.
2. Learned Counsel for the Writ Petitioners submits that the Writ Petitioners herein are the owners of the land in Sy.No.788/A to an extent of Acs.5.32 cents. It is the case of the learned Counsel for the Writ Petitioners that a Sale Deed has been executed bearing Document No.3596/2005 dated 16.03.2005 wherein, the vendorsare Sri B. Sunkanna and Smt. Lakshmi Devi and the vendee is Sri V. Brahma Reddy (Unofficial Respondent No.6herein) in respect of the land of an extent of Acs.2.66 cents in Sy.No.778/A1. Insofar as this registered Document bearing No.3596/2005 dated 16.03.2005 is concerned, the vendee therein namely Sri V. Brahma Reddy (Unofficial Respondent No.6) had got a Rectification Deed registered by changing the survey numbers. The said Rectification Deed bearing Document No.13686/2024 is executed on 08.08.2024. It is the submission of the learned Counsel for the Writ Petitioners that vide the said Rectification Deed dated 08.08.2024, the survey number as well as the extent have both been changed where, survey number has been changed to 788A and the extent is shown as Acs.5.32 cents. Learned Counsel would submit that the Writ Petitioners 3 herein are infact the owners of Acs.5.32 cents in Sy.No.788/A vide Document No.41/2005 dated 03.01.2005. Learned Counsel would submit that a fraud has been committed by theSub-Registrar, Kallur Mandal, Kurnool District (Respondent No.3)in connivance with the Unofficial Respondent No.6, by unilaterally registering the Rectification Deed bearing Document No.13686/2024 dated 08.08.2024. It is also submitted that even the vendors in Document No.3596/2005, registered on 16.03.2005 have also not been informed about it nor have vendors given any such consent.
3. Having considered the above facts and circumstances, this Court finds it expedient to Order for a fact-finding enquiry by the CB-CID, Department of Home. The CB-CID is directed to conduct an enquiry through an Officer who is not below the rank of Superintendent of Police and submit a Report within a period of six weeks from today in a Sealed Cover through the Registrar (Judicial).
4. The Registrar (Judicial) is directed to furnish a copy of this Writ Petition to the Officers of the CB-CID Department.
5. There shall be a direction to all the parties to maintain Status-quo obtaining as on today, until the next listing.
6. There shall also be a direction to all the parties (including the Official Respondents and the Unofficial Respondent No.6) not to create any third- party rights either by way of lease, sale or by any other mode of alienation until further Orders.
7. List the matter on 03.03.2025.
__________________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.12.2024 Vns 4