APHC010287582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 703/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the writ appeal and set aside the order Dt. 10-04-2025 passed by his Lordship Sri. Justice Venkateswarlu Nimmagadda, the learned judge of this Honble High Court in W.P. No.9424 of 2025 filed by the respondents 1 to 4 herein in the interests of Justice and pass such Between: 1. RAVIPATI SIVARANI, W/O UDAY BHASKAR, AGED 61 YEARS, OCC HOUSEWIFE AND CULTIVATION MARIPALLI VILLAGE, SALURU MANDAL, VIZIANAGARAM DISTRICT ...APPELLANT AND 1. JANNI PAIDAYYA, S/O BODAYYA, AGED 89 YEARS, OCC AGRICULTURE, R/O. D.NO.1-131, MARIPALLI VILLAGE, SALURUMANDAL VIZIANAGARAM DISTRICT. 2. JANNI SANYASI, S/O JANNI PAIDAYYA, AGED 65 YEARS, OCC AGRICULTURE, R/O. D.NO.1-131, MARIPALLI VILLAGE, SALURU MANDAL, VIZIANAGARAM DISTRICT 3. JANNI CHINNA RAO, S/O JANNI PAIDAYYA, AGED 45 YEARS, OCC AGRICULTURE, R/O. D.NO.1-131, MARIPALLI VILLAGE, SALURU MANDAL, VIZIANAGARAM DISTRICT. 4. JANNI APPA RAO, S/O JANNI PAIDAYYA. AGED 55 YEARS OCC AGRICULTURE, R/O D.NO.1-131 MARIPALLI VILLAGE, SALURU 2 RRR,J & TCDS,J W.A.No.703 of 2025 MANDAL, VIZIANAGARAM DISTRICT. (PETITIONERS 1 TO 4 IN WP) 5. THE STATE OF ANDHRA PRADESH, REP BY ITS. PRINCIPAL SECRETARY, TRIBAL WELFARE (SOCIAL WELFARE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A P SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 7. THE COMMISSIONER AND INSPECTOR GENERAL, OF REGISTRATION AND STAMPS GOVT OF AP GOLLAPUDI VIJAYAWADA KRISHNA DISTRICT. 8. THE DY INSPECTOR GENERAL, STAMPS-AND-REGISTRATIONS GURUCHARAN MARG P AND T COLONY POST SEETHAMMADARA VISAKHAPATNAM DISTRICT 9. THE DISTRICTREGISTRAR, VIZIANAGARAM VIZIANAGARAM DISTRICT 10. THE DISTRICT COLLECTOR, VIZIANAGARAM VIZIANAGARAM DISTRICT 11. THE TAHSILDAR, SALURU MANDAL, VIZIANAGARAM DISTRICT 12. THE JOINT SUB REGISTRAR, SALURU MANDAL VIZIANAGARAM DISTRICT ...RESPONDENT(S): IA NO: 1 OF 2025 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 dispense with filing of the certified copy of the order Dt. 10-04-2025 passed in WP.No.9424 of 2025 in the interests of justice and pass such IA NO: 2 OF 2025 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 3 RRR,J & TCDS,J W.A.No.703 of 2025 may be pleased to suspend the order Dt.10-04-2025 passed in in W.P.No.9424 of 2025 by the learned single Judge pending disposal of W.A. No. /2025 by this Hon’ble court in the interests of justice and pass such Counsel for the Appellant: 1. M CHALAPATI RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. TOTA TEJESWARA RAO 3. GP FOR SOCIAL WELFARE 4. GP FOR REGISTRATION AND STAMPS 4 RRR,J & TCDS,J W.A.No.703 of 2025 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The respondents 1 to 4 herein as well as the appellant claim ownership and possession over the land admeasuring Ac.7.08 cents of land in various surverys of Maripalli Village, Saluru Mandal, Vizianagaram District. The case of the appellant is that, the said land had been purchased by her husband from the family members of the respondents 1 to 4 and that, she had become the owner of the land, after the demise of her husband. The respondents 1 to 4, on the other hand, contend that, the said deed of sale was obtained under false pretext and that they remain in possession of the said land. 2. The appellant herein, filed O.S.No.181 of 2023, before the learned Junior Civil Judge, Salur, for a permanent injunction restraining the respondents 1 to 4 from interfering with her possession over the said land. Along with this suit, the appellant had also filed I.A.No.270 of 2023, for a temporary injunction, pending disposal of the Suit. The learned Junior Civil Judge, Salur, by an Order, dated 21.12.2023, had granted an ad interim injunction against the respondents 1 to 4, from interfering with the possession of the appellant over the said land. While matters stood thus, the children of the 1st respondent and one Sri Janni Simhachalam, had moved W.P.No.25339 of 2024, before this Court, seeking an injunction against the official respondents from interfering with their possession over the very same land. A learned Single Judge of this Court, had initially granted protection to the petitioners, in that Writ Petition. The appellant herein, having come to 5 RRR,J & TCDS,J W.A.No.703 of 2025 know of the said Order, had impleaded herself in the Writ Petition and had brought to the notice of the learned Single Judge that, the Writ Petition was filed against her husband, who had passed away more than four years before the filing of the Writ Petition. She had also brought to the notice of the learned Single Judge that, the Suit bearing O.S.No.181 of 2023, was already before the learned Junior Civil Judge Salur. Subsequently, the learned Single Judge, was pleased to vacate the earlier protection given to the petitioners in the Writ Petition as there was no representation for the petitioners on different dates of hearing. 3. The respondents 1 to 4 again approached this Court, by way of W.P.No.9424 of 2025, contending that, they were in possession of the aforesaid Ac.7.08 cents of land and that, the appellant herein, was seeking to get them dispossessed through the official respondents so as to claim Ac.5.51 cents of land out of the aforesaid Ac.7.08 cents of land. A learned Single Judge of this Court, by way of an Order, dated 10.04.2025, had disposed of the Writ Petition, by directing the official respondents not to dispossess the respondents 1 to 4 from the subject property except by due process of law. This Order came to be passed, on the basis of the affidavit filed by the respondents 1 to 4 and on the basis of the submissions of the learned Assistant Government Pleader for Revenue, who had, on instructions, admitted that, the respondents 1 to 4 were in continuous possession of the 6 RRR,J & TCDS,J W.A.No.703 of 2025 subject land and that, the Revenue Authorities would follow due process of law. 4. Aggrieved by this Order, the appellant has moved the present Writ Appeal. 5. Heard Sri M. Chalapati Rao, learned counsel for the appellant and Sri Tota Tejeswara Rao, learned counsel for the respondents. 6. It is the case of the appellant that, the respondents 1 to 4, had suppressed the fact of filing of O.S.No.181 of 2023 and the grant of an interim injunction, in I.A.No.270 of 2023, on 21.12.2023. 7. A perusal of the affidavit filed in support of this Writ Petition, would show that, the respondents 1 to 4 have not mentioned the fact that, O.S.No.181 of 2023, has been filed against them and that, an interim injunction was granted, on 21.12.2023 against them. 8. As these significant facts have not been mentioned by the respondents 1 to 4, before the learned Single Judge and also in view of the fact that, such non-mention of relevant facts would amount to suppression of facts, this Court is of the opinion that, this Writ Appeal needs to be allowed, on the simple ground of suppression of facts, by the respondents 1 to 4. 9. Accordingly, this Writ Appeal is allowed, setting aside the Order of the learned Single Judge, dated 10.04.2025, in W.P.No.9424 of 2025. 7 RRR,J & TCDS,J W.A.No.703 of 2025 There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:08.09.2025 KPV 8 RRR,J & TCDS,J W.A.No.703 of 2025 231 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL No:703 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 08.09.2025 KPV