Mohammadia Educational Society Vs Uppaladadium Vijaya

Writ Appeal under clause 15 of the Letters Patent to ALLOW the Writ Appeal setting aside the Order Dated 16.06.2025 made in W.P. No. 13492 of 2025 by learned Single Judge of this Hon'ble Court in the interest of justice and pass

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Between:

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MOHAMMADIA EDUCATIONAL SOCIETY, REP. BY ITS SECRETARY MR. A.Q. JAVVAD AHMED QURESHI S/O A.Q. JEELANI, AGED ABOUT 51 YEARS, R/O RAMA CHANDRA PURAM, H/O RAMARAJUPALLE, KADAPA CITY AND MANDAL, KADAPA DISTRICT

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...APPELLANT

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AND

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UPPALADADIUM VIJAYA, W/O SURYA PRATAP, MAJOR R/O FLAT NO. 101, LAKSHMI SHAPHAIR APARTMENT ROAD NO.27, MAYURI NAGAR, MIYAPUR, HYDERABAD CITY TELANGANA STATE

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT

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THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT KADAPA

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THE REVENUE DIVISIONAL OFFICER, KADAPA,YSR KADAPA DISTRICT.

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THE TAHSILDAR, KADAPA YSR KADAPA DISTRICT

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THE MANDAL SURVEY OFFICER, OFFICE OF TAHSILDAR KADAPA

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RRR, J & TCDS, J W.A.No.829 of 2025

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MANDAL, KADAPA YSR KADAPA DISTRICT

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with the filing of the order dated 16.06.2025 made in W.P. No. 13492 of 2025, and pass

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IA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to appeal against the order dated 16.06.2025 made in W.P. No. 13492 of 2025 on the file of High Court of Andhra Pradesh and pass

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IA NO: 3 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 6 days in filing the present appeal against the Order Dated 16,06.2025 made in W.P. No. 13492 of 2025 in the interests of justice and pass

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IA NO: 4 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings by suspending the order dated 16.06.2025 made in W.P. No. 13492 of 2025, pending disposal of the writ appeal, and pass

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IA NO: 5 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the Interim Order dt.23-07-2025 granted in W.A.No.829/2025 in W.P.No. 13492/2025 and pass

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Counsel for the Appellant:

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1.C V R RUDRA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.A SYAM SUNDAR REDDY

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3

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RRR, J & TCDS, J W.A.No.829 of 2025

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The Court made the following Judgment:

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(per Hon’ble Sri Justice R. Raghunandan Rao)

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The case of the 1^st respondent is that an extent of Ac.2.52 cents of land devolved upon the grand-father of her husband, in Sy.No.78/B of Guduru Village, Kadapa Mandal and District. The aforesaid Ac.2.52 cents, after the demise of the grand-father of the husband of the 1^st respondent, had been partitioned between his six sons. The petitioner contends that her father-in-law was given Ac.1.27 cents of land while the remaining Ac.1.25 cents was partitioned between the other five sons. She would further contend that the other five sons had sold their land, aggregating to Ac.1.25 cents, to the appellant herein, under a registered deed of sale in the year 2006. The 1^st respondent further contends that the remaining Ac.1.27 cents, which had fallen to the share of her father-in-law, had devolved upon her husband after the demise of her father-in-law and that they were in possession of the said land.

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The 1^st respondent, on the basis of these claims, approached the Revenue Authorities for conduct of a survey, after demarcation of the aforesaid Ac.1.27 cents, on the ground that there were some encroachments on the land. This application for survey is said to have been made, by way of an F-Line application. Thereafter, the Revenue Authorities, after taking steps for conduct of the said survey, had stopped the process, without assigning any reasons. The 1^st respondent, on the basis of these averments, approached

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RRR, J & TCDS, J W.A.No.829 of 2025

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this Court, by way of W.P.No.13492 of 2025, seeking a direction to the Revenue Authorities to conduct the survey, in accordance with her F-Line application. A learned Single Judge of this Court, by an order, dated 16.06.2025, had disposed of the Writ Petition directing the respondents therein to consider and dispose of the F-Line application of the 1^st respondent, dated 29.07.2024, within a period of two (02) months from the date of receipt of the order.

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Aggrieved by this order, the appellant, who is a third party to the Writ Petition, has approached this Court, by way of the present Writ Appeal.

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The contention of the appellant is that the appellant is in possession of the entire Ac.2.52 cents of land and the 1^st respondent is seeking conduct of survey so as to take over possession of the land admeasuring Ac.1.27 cents. The learned counsel for the appellant would contend that the appellant has filed a civil suit, bearing O.S.No.731 of 2024, before the learned Junior Civil Judge, Kadapa, for an injunction restraining the 1^st respondent and her family members from interfering with the possession of the appellant over the Ac.1.52 cents of land.

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The appellant has produced a registered deed of sale, dated 30.06.2006. In this deed of sale, the brothers of the father-in-law of the 1^st respondent had executed deed of sale alienating Ac.1.25 cents out of the Ac.2.52 cents in Sy.No.78/B. The appellant does not have any other deed of sale available to demonstrate that there has been transfer of the remaining

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RRR, J & TCDS, J W.A.No.829 of 2025

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Ac.1.27 cents also. However, the learned counsel for the appellant contends that the appellant has certain rights over the property and that the same would

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be taken up in the Civil Court where the suit is still pending. It is also an admitted fact that the Interlocutory Application filed for grant of temporary injunction has also been dismissed by the Trial Court and an appeal is said to have been filed against this order of dismissal.

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