Malladi Satyanarayana Srinivasa Chakravarthy Vs The State of Andhra Pradesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NOs: 14185 OF 2023, 1042 OF 2009, 44 OF 2010, 24334 OF 2024 & 12885 OF 2025

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COMMON ORDER:

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Since these Writ Petitions are connected to each other, they are being disposed of, by way of this Common Order.

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Writ Petition No.14185 of 2023 has been filed

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by one Malladi Satyanarayana Srinivasa Chakravarthy challenging the Order passed by 3^rd respondent-Special Deputy Collector (Tribal Welfare), K.R.Puram, Buttaigudem Mandal, Eluru District, dated 14.07.2001 in S.R.No.241 of 2001. It is his case that he is the owner and possessor of agricultural land, admeasuring Ac.3.34 cents in R.S.No.181/3 situated in Routhugudem Village, Jeelugumilli Mandal; that the said land was acquired by his father during his life time and revenue authorities incorporated his father’s name in revenue records; that after death of his father, the subject land was inherited by

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him and he has been in continuous possession and enjoyment of the same.

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It is his further case that the land in R.S.No.181/3 is situated in Agency of West Godavari District, to which Andhra Pradesh Scheduled Areas Land Transfer Regulation (Regulation 1/69 as amended by Regulation 1/70) (for brevity ‘the APSALT Regulation’) is applicable; that though he is in possession and enjoyment of the subject land, 5^th respondent created a fake and fabricated document and obtained the impugned Order, dated 14.07.2001 allegedly passed by erstwhile 3^rd respondent; that in fact, S.R.No.241 of 2001 was registered by 3^rd respondent against one Pantula Venkanna in respect of an extent of Ac.0.20 cents in R.S.No.62/2B1 situated in Gopalapuram village, Jeelugumilli Mandal, and there is no such order passed by 3^rd respondent in S.R.No.241 of 2001 in respect of the subject land and the same is created by one Malladi Somasekhara Rao, who is an accused in Calendar Case No.223 of 2006 on the file of the

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II Additional Judicial Magistrate of First Class, Eluru,

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registered for the offences punishable under Sections 420, 464, 465, 466, 468, 471, 473, 120B read with 34 of the Indian Penal Code, 1860 for creation of fake and fabricated judgments in the Agency Area and an inquiry was ordered by the Government and case was handed over to the CBCID.

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It is his further case that 5^th respondent, basing on the fake order, dated 14.07.2001 allegedly passed by erstwhile 3^rd respondent, is causing interference with the possession of the petitioner in respect of the subject land. Hence, the Writ Petition.

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3. Counter-affidavit has been filed by 4^th

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respondent-Tahsildar, Jeelugumilli Mandal stating inter alia that originally, the subject land was allotted by the revenue authorities by way of D-Form Patta vide L.D.No.449/67, dated 10.11.1967, issued by the then Tahsildar, Polavaram Mandal in favour of father of petitioner by name Sri Malladi Ramabrahmam, son of Satyanarayana. Respondent No.4-Tahsildar admitted in

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the counter-affidavit, the averment in the Writ-affidavit that S.R.No.241 of 2001 was registered by 3^rd respondent against one Pantula Venkanna in respect of an extent of Ac.0.20 cents in R.S.No.62/2B1 situated in Gopalapuram village, Jeelugumilli Mandal. It is further stated in the counter-affidavit that Malladi Somasekhara Rao has no title or possession over the subject land and hence, the Sale Deed, if any, alleged to have been executed by him in favour of 5^th respondent or anybody, is nonest in the eye of law. It is further stated that previously, without proper inquiry, the then Officials mistakenly/wrongly mutated the name of 5^th respondent, instead of name of petitioner and that, the deponent of the counter-affidavit verified all the original old records in the office of 4^th respondent and found that petitioner is the owner and possession of the subject land.

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4. Coming to other Writ Petitions, Writ Petition

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Nos.1042 of 2010 and 24334 of 2024 are filed by 5^th respondent in Writ Petition No.14185 of 2023, and the other Writ Petition Nos.44 of 2010 and 12885 of 2025 are

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filed by petitioner in Writ Petition No.14185 of 2023, seeking various reliefs, pursuant to, or in connection with, the subject Order, dated 14.07.2001 in S.R.No.241 of 2001.

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5. Heard Sri C.B.Rammohan Reddy, learned senior counsel appearing for the petitioner in Writ Petition No.1042 of 2010, the learned counsel for the petitioners in other Writ Petitions, the learned Government Pleader for Social Welfare appearing for Official respondents and the learned counsel for the unofficial respondents in all the Writ Petitions.

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6. Perused the record. W rit Petition No.14185 of 2023 has been filed by one Malladi Satyanarayana Srinivasa Chakravarthy challenging the Order passed by 3^rd respondent-Special Deputy Collector (Tribal Welfare), K.R.Puram, Buttaigudem Mandal, Eluru District, dated 14.07.2001 in S.R.No.241 of 2001. 4^th respondent in Writ Petition No.14185 of 2023-Tahsildar, Jeelugumilli Mandal categorically stated in his counter-affidavit that the Order, dated 14.07.2001 in S.R.No.241 of 2001 is not related to

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5^th respondent-Bethi Durga Rao in respect of the subject land but, it relates to one Pantula Venkanna in respect of an extent of Ac.0.20 cents R.S.No.62/2B1 situated in Gopalapuram village, Jeelugumilli Mandal. It is also evident from the said counter-affidavit that the subject land was allotted by the revenue authorities by way of D- Form Patta vide L.D.No.449/67, dated 10.11.1967, issued by the then Tahsildar, Polavaram Mandal in favour of father of the petitioner in Writ Petition No.14185 of 2023 viz. Sri Malladi Ramabrahmam, son of Satyanarayana. It is the categorical case of petitioner in Writ Petition No.14185 of 2023 that after death of his father, he inherited the subject property and has been in possession and enjoyment of the same.

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7. Since the Government filed counter-affidavit categorically stating that the impugned Order in Writ Petition No.14185 of 2023 dated 1 4.07.2001 in S.R.No.241 of 200 1 is concocted one, in pursuance of which, 5^th respondent in Writ Petition No.14185 of 2023 filed other Writ Petitions and obtained orders in the said Writ

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Petitions, without going into merits of the present cases, the matter is remanded to 3^rd respondent in Writ Petition No14185 of 2023 i.e. Special Deputy Collector (Tribal Welfare), K.R.Puram, Buttaigudem Mandal, Eluru District, to inquire into the order dated 14.07.2021 in S.R.No.241 of 2001 that has been passed by the erstwhile Special Deputy Collector (Tribal Welfare), K.R.Puram, which appears to be a concocted order and does not relate to the subject land. In connection with that the Special Deputy Collector is directed to conduct inquiry by providing notice and opportunity to all the stakeholders, and after hearing them and pass appropriate orders in accordance with law. Till such time, s tatus quo shall be maintained.

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There shall be no order as to costs.

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Consequently, miscellaneous applications pending if

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any in all the Writ Petitions, shall also stand closed.

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JUSTICE K. SREENIVASA REDDY

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9^th October, 2025 DRK

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