KALAVAKURI MALLIKARJUNA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) For the sake of convenience the parties herein are referred to, as arrayed in W.P.No.4593 of 2012.

(2.) The 1st petitioner alone filed W.P.No.884 of 2011, with a prayer to declare the action of the Tahsildar, Kandukur, the 3rd respondent, in interfering with his possession and enjoyment of Ac.1.12 cents of land in Sy.No.91/IC of Kandukur Village and Mandal, Prakasam District, without initiating any proceedings as illegal, arbitrary and unconstitutional. He pleaded that the land was owned by one, Sri Dama Kondaiah (3rd petitioner), and the latter executed a gift settlement deed dated 23-08-2008, settling Ac.1.12 cents of land in Sy.No.91/IC of Kandukur, and another extent of 50 cents in Sy.No.83/5 of the same Village in favour of his daughter by name, Kondamuri Radha (2nd petitioner). She, in turn, is said to have sold the land of Ac.1.12 cents to the 1st petitioner through sale deed dated 27-01-2010.

(3.) The 1st petitioner came to know that the 3rd respondent submitted a complaint before the Station House Officer, Kandukur, stating that the 3rd petitioner initially sold the land in favour of Indrapal Singh Chandok, Haripreeth Singh Chandok and Jaspal Kaur Chandok, respondents 4 to 6 herein, in the year 1995, through registered sale deed, and despite the same, the 3rd petitioner executed gift deed in favour of his daughter, the 2nd petitioner, and thereafter the land was sold in favour of the 1st petitioner, and that these acts constitute an offence punishable under Section 420 I.P.C. It is stated that the Sub-Inspector of Police, Kandukur Police Station submitted a final report, observing that the land is patta in nature, the Government has no claim whatever in it, and that the dispute between various parties, is civil in nature. Stating that there was no basis or justification for the 3rd respondent to interfere with the possession of the land, the 1st petitioner filed W.P.No.884 of 2011, with the relief mentioned above.