T.MALLIKARJUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to set-aside proceedings in Roc. No. B/985/2011, dated 06.10.2012, of respondent No. 4 and proceedings, dated 18-3-2012, changing the entry in 1-B Register maintained under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short "the Act"), in respect of Acs. 2-81 cents of land in Survey No. 142/2 of Bodumalluvaripalle Village, Pileru Mandal, Chittoor District (for short 'the subject land'). The petitioners also sought for a direction to the parties to workout their remedies in the pending civil litigation i.e., O.S. Nos. 74/2011 and 98/2011 on the file of the learned Senior Civil Judge, Pileru. The brief background leading to the filing of this Writ Petition is stated hereunder:

(2.) As regards the other extent of Ac. 1-81 cents out of the subject land, the same fell to the share of Smt. P. Padmavathamma D/o. K. Venkatappa under partition taken place in the year 1920. Smt. P. Padmavathamma sold the said land to T. Krishna Murthy, the grand father of petitioner Nos. 1 to 3 and one Siddavatam Chengaiah in equal shares. On 4-12-1980, Siddavatam Chengaiah sold his share of land to T. Chengappa, the father of petitioner Nos. 1 to 3 and the husband of petitioner No. 4. The names of the predecessors-in-interest of the petitioners were recorded in the Adangals/Pahanies and later the name of the T. Chengappa was recorded till Fasli 1421 (2011-12).

(3.) The petitioners pleaded that after the death of their father, they have succeeded to the said property and have been in continuous possession and enjoyment of the same. The petitioners filed copies of No. 3 Adangals in support of this plea. When respondent No. 6 sought to interfere with the petitioners' possession, they have filed O.S. No. 74/2011 in the Court of the learned Senior Civil Judge, Pileru for permanent injunction. Respondent No. 6 filed O.S. No. 98/2011 in the Court of the learned Senior Civil Judge, Pileru against petitioner No. 1 and respondent Nos. 2 and 3 for declaration of title and permanent injunction. Both these suits are pending.