GUMMALA THIRUPAL REDDY Vs. JUTURU RAGHUNATHA REDDY

JUDGEMENT

(1.) In this intra Court appeal filed under Clause 15 of Letters Patent, respondent No.5 in W.P.No.6352 of 2015 has called in question the order dtd. 13/12/2022 passed by the learned single Judge directing respondent No.4 - Tahsildar, Kadapa, Y.S.R. Kadapa District to immediately act upon the complaint raised by the writ petitioner and to initiate the criminal action against respondent No.5 therein, who is the appellant before us.

(2.) The parties in the writ appeal will be referred to as they are arrayed in the writ petition before the learned single Judge.

(3.) The writ petitioner is the owner and possessor of the land to an extent of Ac.3.66 cents in S.No.603 to 605 and 611 of Ukkayapalem Village, Kadapa Mandal, YSR Kadapa District. After demise of his father, his name is also mutated in the revenue records. However, respondent No.5 obtained pattadar passbooks by playing fraud on the revenue officials by filing forged documents vide proceedings dtd. 15/6/2005. The writ petitioner has preferred an appeal before the Revenue Divisional Officer (for short "R.D.O."), Kadapa against the proceedings dtd. 15/6/2005. Basing on the same, the R.D.O. issued notice to respondent No.5. Respondent No.5 challenged the said notice by preferring W.P.No.556 of 2005, which was disposed of directing respondent No.5 to raise his objections before the R.D.O. In the enquiry, the then Tahsildar, Kadapa issued notice to respondent No.5 and others to appear before him, which was again challenged in W.P.No.19102 of 2005 by respondent No.5. The writ petitioner has preferred W.P.No.19844 of 2005 challenging the pattadar passbooks issued in favour of respondent No.5 vide proceedings dtd. 15/6/2005. The Tahsildar filed counter affidavit in W.P.No.19102 of 2005 stating that he would initiate criminal action against respondent No.5.