IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 16155 OF 2023 & 28986 OF2024 WRIT PETITION NO: 16155 OF 2023 Between: G Varaprasada Rao, s/o G.Rathnamaiah, aged about 55 years Agriculture r/o H.No. 4-2, S.C. Colony, Bilakalagudur village, Gadivemula Mandal, Nandyal District occ: ...PETITIONER AND 1. The State of AP, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tahsildar, Velgode Mandal, Nandyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High' Court may be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of the subordinates of the Respondent No. 2 herein in threatening to dispossess the petitioner and his family members from their lawful possession in respect of the land in Sy.No. 886/B2A admeasuring Ac. 6.43 cents, situated at Velpanur village, Velugode Mandal, Nandyal District, without issuing any notice and without following the due process of Law, and consequently direct the subordinates of the respondent No. 2 not to take any coercive steps without following the due process of Law. more lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the subordinates of the respondent No. 2 not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioner in respect of the land in Sy.No. 886/B2A admeasuring Ac. 6.43 cents, situated at Velpanur village, Velugode Mandal, Nandyal District, pending disposal of the main Writ Petition. lA NO: 1 OF 2024 Between: 1. The State of AP, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tahsildar, Velgode Mandal, Nandyal District. ...PETITIONERS/RESPONDENTS AND 1. G Varaprasada Rao, s/o G.Rathnarnaiah, aged about 55 years Agriculture r/o H.No. 4-2 Gadivemula Mandal, Nandyal District occ S.C. Colony, Bilakalagudur village ...RESPONDENT/PETITIONER Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted on 05-07-2023 in WP No. 16155 of 2023 and dismiss the writ petition. Counsel for the Petitioner: SRI BABUJI TENNETI Counsel for the Respondents: GP FOR REVENUE WRIT PETITION NO: 28986 OF 2024 Between; 1. G Vara Prasada Rao, S/o. G. Rathnamaiah, Aged. 51 years, Occ. Agriculture, R/o. H. No. 4-2, S.C. Colony, Bilakalagudur Village, Gadivemula Mandal, Nandyal District. 2. G. Devadas, S/o. G. Rathnamaiah, Aged. 46 years, Occ; Agriculture, R/o. H. No. 4-2, S.C. Colony, Bilakalagudur Village Gadivemula Mandal, Nandyal District. ...PETITIONERS AND 1. The State of AP, Rep. by its Principal Secretary, Revenue Department, Secretariat, At Velagapudi Amaravathi, Guntur District. Collector and District Magistrate, Nandyal District, at 2. The District Nandyal. 3. The Revenue Divisional Officer, At Atmakur, Nandyal District. 4. The Tahsildar, Velugode Mandal, Nandayal District. 5. Vasanthala Naganna, S/o. Subbaiah, Aged about 72 years, Occ. Agriculture, R/o Velpanur Village and Velugodu Mandal Kurnool District. Occ. 6. Kamatham Prasad, S/o. Yacobu, Aged about 57 years Agriculture, R/o Abdullapuram Village Velugodu Mandal Kurnool District. 1, S/o. Buddanna, Aged about 57 years, Occ. R/o Abdullapuram Village Velugodu Mandal Kurnool 7. Kamatham Yesepu Agriculture, District. 8. Midda Mariyamma, W/o. Pullaiah, Aged about 62 years, Occ. Agriculture, R/o Velpanur Village Velugodu Mandal, Kurnool District. S/o. Subba Rao, Aged about 62 years, Occ. 9. Sutrai Eswar Rao, Agriculture, R/o Velpanur Village Velugodu Mandal, Kurnool District. 10. Ediga Nagalaxmamma, W/o. Pedda Yallaiah, Aged about 67 year^, Occ. Agriculture, R/o Abdulapuram Village Velugodu Mandal, Kurnool District ...RESPONDENTS * Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No. 2 in not disposing of the Appeal along with stay application filed by the petitioners herein which was filed on 23.01.2023 and the same was endorsed on 04.02.2023 against the orders of the 3rd Respondent in Rc.B.355/2022, dt. 26.10.2022 in respect of the land admeasuring Ac. 6.43 Cents in Sy. No. 886/B2A, situated at Velpanur Village, Velugode Mandal, Nandyal District, without passing any orders on the Petitioners Appeal filed under 4 A (2) of A.P. Assigned Lands (Prohibited of Transfer) Act, 1977 as arbitrary, illegal and contrary to the Act, and consequently, to direct the 2nd Respondent to dispose of the Appeal filed by the Petitioners. lA NO: 1 OF 2024 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 to direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners property in respect of the land admeasuring Ac. 6.43 Cents in Sy. No. 886/B2A, situated at Velpanur Village, Velugode Mandal, Nandyal District, till disposal of the Appeal before the 2"^ Respondent pending disposal of the main Writ petition. Counsel for the Petitioners: SRI BABUJI TENNETI REPRESENTING SRI SATYAMNAIDU GOLIVI Counsel for the Respondent Nos. 1 to 4: GP FOR ASSIGNMENT Counsel for the Respondent Nos. 5 to 10: NONE The Court made the following: COMMON ORDER 1 4 APHC010317172023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 16155 of 2023 and 28986 of 2024 W.P.No.16155 of 2023 Between: 1.G VARAORASADA RAI, S/0 G.RATHNARNAIAH, AGED ABOUT 55 YEARS, OCC AGRICULTURE R/0 H.NO. 4-2, S.C. COLONY, BILAKALAGUDUR VILLAGE, GADIVEMULA MANDAL, DISTRICT NANDYAL ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE TAHSILDAR, VELGODE MANDAL, NANDYAL DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner: 1.BABUJI TENNETI Counsel for the Respondent(S): 1.GP FOR REVENUE 2 W.P.No.28986 of 2024 Between; 1.G VARA PRASADA RAO, S/0. G. RATHNAMAIAH, AGED. 51 YEARS, OCC. AGRICULTURE, R/0. H. NO. 4-2, S.C. COLONY, BILAKALAGUDUR VILLAGE, GADIVEMULA MANDAL, NANDYAL DISTRICT. 2.G. DEVADAS, S/0. G. RATHNAMAIAH, AGED. 46 YEARS, OCC. AGRICULTURE, R/0. H. NO. 4-2, S.C. COLONY, BILAKALAGUDUR VILLAGE GADIVEMULA MANDAL, NANDYAL DISTRICT. ...PETITIONER{S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTIMENT, SECRETARIAT, AT VELAQAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL DISTRICT, AT NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, AT ATMAKUR, NANDYAL DISTRICT. 4. THE TAHSILDAR, VELUGODE MANDAL, NANDAYAL DISTRICT. 5. VASANTHALA NAGANNA, S/0. SUBBAIAH, AGED ABOUT 72 YEARS, OCC. AGRICULTURE, R/0 VELPANUR VILLAGE AND VELUGODU MANDAL KURNOOL DISTRICT. 6. KAMATHAM PRASAD, S/0. YACOBU, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, R/0 ABDULLAPURAM VILLAGE VELUGODU MANDAL KURNOOL DISTRICT. 7. KAMATHAM YESEPU, S/0. BUDDANNA, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, R/0 ABDULLAPURAM VILLAGE VELUGODU MANDAL KURNOOL DISTRICT. 8. MIDDA MARIYAMMA, W/0. PULLAIAH, AGED ABOUT 62 YEARS, OCC. AGRICULTURE, MANDAL, KURNOOL DISTRICT. R/0 VELPANUR VILLAGE VELUGODU 3 9. SUTRAI ESWAR RAO, S/0. SUBBA RAO, AGED ABOUT 62 YEARS, R/0 VELPANUR VILLAGE VELUGODU OCC. AGRICULTURE, MANDAL, KURNOOL DISTRICT. 10.EDIGA NAGALAXMAMMA, W/0. PEDDA YALLAIAH, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/0 ABDULAPURAM VILLAGE VELUGODU MANDAL, KURNOOL DISTRICT ...RESPONDENT(S); Counsel for the Petitioner(S); 1.SATYAMNAIDU GOLIVI Counsel for the Respondent(S); 1.GP FOR ASSIGNMENT The Court made the following: ORAL COMMON ORDER: Heard Sri Babuji Tenneti, learned Counsel for the Writ Petitioner in W.P.No.16155 of 2023 and also appearing on behalf of Sri Satyamnaidu Golivi for the Writ Petitioners in W.P.No.28986 of 2024 and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land and Acquisition. Both the Writ Petitions are connected and therefore taken up for hearing and disposed of by common Order. 2. The W.P.No.16155 of 2023 is filed seeking the following prayer: 3. pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the subordinates of the Respondent No.2 herein in threatening to dispossess the petitioner and his family members from their lawful possession in respect of the land in Sy.No. 886/B2A admeasuring Ac. 6.43 cents, situated at Velpanur village, Velugode Mandal, Nandyal District without issuing any notice and without following the due process of Law, and consequently direct the subordinates of the respondent No.2 not to take any coercive steps without following the due process of Law and to grant 4 m Vide Order dated 05.07.2023, my predecessor had directed the Official Respondents not to initiate any coercive action with regard to the subject matter of the property. The facts relating to this Writ Petition would indicate that the mother of the Writ Petitioners is the Original Assignee of Agricultural land of an extent of Ac.6.43 cents in Sy.No.886/B2A and that after the demise of the mother of the Writ Petitioners, the subject land devolved upon the Writ Petitioners herein. When the subject land was grabbed by certain persons, the Resumption Proceedings were initiated. Vide Order dated 26.09.2020, the Government took the possession of the subject land from the grabbers. Thereafter, vide Proceedings dated 11.03.2022 (Ex.P2), the Tahsildar has restored the possession of the Writ Petitioners. The Unofficial Respondents in W.P.No.28986 of 2024 had preferred an Appeal before the Revenue Divisional Officer. Vide Order dated 26.10.2022, the Revenue Divisional Officer had set aside the Order passed by the Tahsildar, dated 11.03.2022. Challenging the Order dated 26.10.2022, the present Writ Petitioners have filed a Revision before the present District Collector. The record would indicate that the Revision was filed on 23.01.2023. The W.P.No.16155 of 2023 was filed on 05.07.2023. This would indicate that as on the date of filing of the Writ Petition bearing W.P.No.16155 of 2023, the Order of the Tahsildar, which was in favour of the Writ Petitioners, was already set aside by the Revenue Divisional Officer by Order dated 26.10.2022. The Revision was also filed by the Writ Petitioners in the month of July, 2022 itself. These two facts were suppressed by the Writ Petitioners and secured an Interim Order on 05.07.2023 not to initiate any coercive steps. The Writ Petitioners again filed W.P.No.28986 of 2024 seeking early disposal of the Revision. 4. From the above facts, it is noticed that the Writ Petitioners did not approach this Court with clean hands inasmuch as the W.P.No.16155 of 2023 that was filed on 05.07.2023 did not even make a whisper about the adverse Order that is passed against them by the Revenue Divisional Officer on 26.10.2022 nor have they mentioned about the filing of the Revision by them in the month of January, 2023. 5. 5 Suppressio veri; suaaestio falsi: Suppression of a material document or a material fact suggests falsehood. The Writ Petitioners secured an Interim Order on 05.07.2023 without disclosing the fact that the Revenue Divisional Officer has already set aside the Order of the Tahsildar on 26.10.2022 itself and secured an Interim Order not to disturb the possession of the Writ Petitioners. 6. In this view of the matter, this Court is of the opinion that this Writ Petition is not only devoid of any merit but is also an abuse of process inasmuch as the Writ Petitioners have approached this Court with unclean hands by non-disclosure of material facts. The material facts are that on the date of filing of the Writ Petition on 05.07.2023, there was already an Order operating against them passed by the Revenue Divisional Officer on 26.10.2022 and that the Writ Petitioners had filed the Revision before the District Collector in January, 2023 by concealing the material facts. 7. In this view of the matter, both the Writ Petitions are dismissed with Exemplary Costs of Rs.20,000/-. 8. Writ Petitioners are directed to deposit the said Costs within two weeks in the following manner: 9. Rs. 10,000/- shall be deposited into the Account of the Andhra Pradesh High Court Legal Services Committee. Balance of the Rs. 10,000/- shall be deposited in favour of the Andhra Pradesh High Court Advocates’ Association. a. Registry is directed to furnish copy of this Order to the Secretary of the Andhra Pradesh High Court Legal Services Committee and the President of the Andhra Pradesh High Court Advocates’ Association. b. Interlocutory Applications, if any, stand closed in terms of this order. 10. MEMO OF COSTS WRIT PETITION NOS: 16155 OF 2023 & 28986 OF 2024 Cost Quantified By Court (That the writ petitioners are directed to deposit exemplary costs of Rs.20,000/- (Twenty Thousand Rupees). Out of the said exemplary costs, Rs. 10,000/- (Ten Thousand Rupees) shall be deposited to Andhra Pradesh High Court Legal Services Committee and the Rs. 10,000/- (Ten Thousand Rupees) shall be deposited in favour of the Andhra Pradesh High Court Advocates’ Association within a period of two (2) weeks. remaining Sd/- K. TATA RAO DEPUTY REGISTRAI^ //TRUE COPY// SECTION OFFICER To. 1. G Varaprasada Rao, s/o G.Rathnamaiah, aged about 55 years ocq Agriculture r/o H.No. 4-2, S.C. Colony, Bilakalagudur village, Gadivemula Mandal, Nandyal District. (BY RPAD) 2. G. Devadas, S/o. G. Rathnamaiah, Aged. 46 years, Occ; Agriculture, R/o. H. No. 4-2, S.C. Colony, Bilakalagudur Village Gadivemula Mandal Nandyal District. (BY RPAD) 3. The Secretary, Andhra Pradesh Legal Service Committee, High Court Buildings, at Amaravati. 4. The President, Andhra Pradesh High Court Advocates Association, High Court Buildings, Amaravati, Guntur. 5. The Registrar (Judicial), High Court of A.P. at Amaravathi. 6. The Section Officer, Court Officer’s Section, High Court of A.P. 7. One CC to Sri Satyamnaidu Golivi, Advocate [OPUC] 8. Two CCs to GP for Assignment, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Babuji Tenneti Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF HIGH COURT DATED:13/02/2025 COMMON ORDER WP.Nos.16155 of 2023 & 28986 of 2024 anos^ £P IS 2 5 FEB 2025 . Current Section ^ DISMISSING THE W.P.s, WITH COSTS