B. KARUNAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The averments, in brief, in the affidavit are that the petitioner is the absolute owner and possessor of an extent of Ac.0.77 cents in Sy.No.265-2; Ac.0.38 cents in Sy.No.260-6 and Ac.0.57 cents in Sy.No.260-7 totalling Ac.1.72 cents in Kunuthuru Village, Dharmavaram Mandal, Anantapur District. Petitioner acquired the property by way of registered Gift Settlement Deed dtd. 10/3/2006 executed by Grandfather Balagonda Nadipu Bodaiah. Petitioner has been in possession and enjoyment of the said property. The 4th respondent updated the Record of Right and issued pattadar pass book in favour of the petitioner.

(3.) The 2nd respondent filed counter-affidavit. It was contended in the counter-affidavit that the 2nd respondent conducted enquiry. The Tahsildar, Dharmavaram submitted report in Rc.No.C/237/2017, dtd. 9/11/2017 stating that Nadipi Bodaiah died on 20/8/2005. The sons of Nadipi Bodaiah i.e. Mallanna and Naganna are having equal rights in the property. Elder son Mallanna executed registered sale deed dtd. 31/1/2011 in favour of his son B.Ravindra in respect of the land to an extent of Ac.0.77 cents in Sy.No.265-2, Ac.0.38 cents in Sy.No.260-6 and Ac.0.57 cents in Sy.No.260-7. After considering the same, the Authority directed for deletion of entries from the electronically maintained Record of Rights and further directed the Tahsildar, to conduct enquiry and issue Pattadar Pass Book and Title Deed to the rightful pattadar. Eventually, prayed to dismiss the writ petition.