PAIDA JANARDHANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed "to declare the action of the 2nd respondent in registering Document No.322/2011, dated 14.02.2011, as illegal, without jurisdiction, vitiated by fraud, contrary to the provisions of Section 6B and 6D of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') and Section 32-A of the Registration Act, 1908 and consequently set aside the same".

(2.) Case of the petitioner is that, petitioner's late father Paida Chengalvaraya Reddy, was the original owner of the land admeasuring an extent of Ac.7.94 cents in Sy.No.263 of Pannur Village and after his demise, petitioner's name was recorded as pattadar in the record of rights (Patta No.42) and Pattadar Passbook/title deed was also issued in his favour under the provisions of the Act; the 4th respondent taking advantage of the absence of the petitioner from the village, executed fraudulent sale deed dated 14.02.2011, which was registered as document No.322/2011 in favour of the 5th respondent, including the land of the petitioner admeasuring an extent of Ac.7.94 cents, by appending the petitioner's pattadar pass book and making it part of the said sale deed; in the said sale deed, the 4th respondent also made a false statement that Patta No.42 and Pattadar Pass Book No.K200943, i.e., subject land was in the name of her father P. Suresh Reddy, though the same stands in the name of the petitioner; the 2nd respondent registered the said document, which relates to the total extent of Ac.14.95 cents, which includes the petitioner's land without his knowledge and consent; the Sub Registrar is a party to the said fraud and he also affixed his signature and seal on the pattadar passbook standing in the name of the petitioner; the said action of the Sub Registrar is contrary to Section 6-B of the Act and Section 52 of the Registration Act; hence the Writ Petition.

(3.) After filing the Writ Petition, the petitioner died, hence petitioners 2 and 3 were brought on record as legal heirs of the deceased 1st petitioner as per the orders of this Court passed in WPMP No.53623 of 2017, dated 28.12.2017.