GALI SUDARSHAN NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The dispute between two natural brothers claiming right over the property of his father lead to filing of this writ petition under Article 226 of the Constitution of India, questioning the order passed by the second respondent/Tahsildar in Roc.No.01/2018 dtd. 7/12/2018 to issue writ of mandamus, declaring the same as illegal, arbitrary, without jurisdiction and violative of Articles 14 and 19 of the Constitution of India, consequently, quash and/or set-aside the order passed by the second respondent, which is impugned in the writ petition.

(2.) The petitioner and the third respondent are the natural sons of late Ramanadham Naidu, who purchased an extent of Ac.1-30 cents in Sy.No.5/1 from Manchu Nagoor Naidu under registered sale deed dtd. 25/5/1977 for a valid consideration and the petitioner's father also purchased land of an extent of Ac.0-30 cents in Sy.No.7/3 of Moduglapalem Village from one Gali Venkataswamy Naidu of Korlagunta, Tirupati vide registered sale deed dtd. 12/5/1980 for valid consideration and the same is in the exclusive possession and enjoyment of the petitioner during his lifetime. The petitioner and the third respondent succeeded the ancestral property in Kobaka and Amandur Villages, apart from the above land.

(3.) Partition took place among the petitioner, the third respondent and his father. In the said partition, the petitioner was allotted an extent of Ac.12-53 cents in Kobaka, Amandur and Modugulapalem Villages, which are situated in Yerpedu Mandal, Chittoor District. The petitioner is claiming to be in peaceful possession and enjoyment of land and his name is also mutated in the revenue records. As the third respondent is interfering with the peaceful possession and enjoyment of the petitioner's land, he filed O.S.No.135 of 2016 and O.S.No.134 of 2016 on the file of Principal Junior Civil Judge, Srikalahasti for perpetual injunction, initially obtained ad-interim injunction in I.A.Nos.799 and 797 of 2016 in both the suits. Subsequently, the said interim orders were vacated.