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High Court of Andhra Pradesh · body

2025 DAILYLAW 51863 (AP)

Bondu Santha Kumari, v. D.Prabhavathi,

WA/1176/2025 · 2025-11-23

R Raghunandan Rao, T C D Sekhar

Original Suitbody2025

Judgment text

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APHC010594802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1176 of 2025 Writ Appeal under clause 15 of the Letters Patent begs to present this Memorandum of Writ Appeal against the order passed in W.P.No.20521 Of 2025, Dated 05-08-2025 passed by His Lordship Sri Justice Tarlada Rajasekhar Rao Between: 1. BONDU SANTHA KUMARI,, W/O B.VISWANATHA REDDY, AGE 53 YRS, OCC CULTIVATION, R/O.D.NO.2-306, PERUMALLAPALII VILLAGE AND POST, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT, FORMERLY CHITTOOR DISTRICT. ...APPELLANT AND 1. D PRABHAVATHI, W/O KUPPASWAMY NAIDU, R/O.D.NO.1-1, C.MALLAVARAM, MALLAVARAM, TIRUPATHI DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, ANDHRA PRADESH -517501. 4. THE TAHSILDAR, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT-517193. 5. THE MANDAL SURVEYOR, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT-517193. ...RESPONDENT(S): Counsel for the Appellant: 1. R SUDHA RANI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. VMR LEGAL 2 RRR,J & TCDS,J W.A.No.1176 of 2025 The Court made the following Judgment: (Per Hon’ble Sri Justice R. Raghunandan Rao) The respondent herein claimed ownership and title over Ac.0.73 cents of land in survey No.143/1A of Pydipalli Village, Tirupati District. This Claim is made on the ground that the husband of the 1st respondent had purchased the said land, on the basis of an agreement of sale and consequent, decree, for specific performance, passed in O.S.No.228 of 1991 and the same had been registered as Document No.989, dated 05.08.2000, by the Court. 2. The 1st respondent sought mutation of the revenue records in her favour and thereupon approached this Court, by way of W.P.No.13578 of 2022. A learned Single Judge of this Court vide order, dated 05.05.2022, disposed of the Writ Petition, at the admission stage, directing the official respondents to consider and dispose of the application of the 1st respondent herein for mutating and updating entries in the revenue records, within a period of eight (8) weeks. Thereafter, the Tahsildar, Tirupati Rural Mandal, had issued mutation proceedings bearing D.Dis.A/183/2022, dated 10.03.2023, mutating the revenue records, in favour of the 1st respondent herein. 3. The 1st respondent again approached this Court, by way of W.P.No.20521 of 2025, setting out the above facts, while seeking a direction to the Tahsildar, Tirupati Rural Mandal and Mandal Surveyor, Tirupati Rural Mandal to consider and pass orders on the F-line application made by the 1st respondent, dated 28.03.2025, for survey of her private lands, to an extent 3 RRR,J & TCDS,J W.A.No.1176 of 2025 of Ac.0.73 cents. A learned Single Judge of this Court vide order, dated 05.08.2025, had disposed of the said writ petition with a direction to the authorities to consider the F-line application of the 1st respondent for conducting survey, sub-division, demarcation and fixation of boundaries of the land of the 1st respondent, within a period of two (2) months, from the date of receipt of the order, after giving notice to the affected and interested parties. 4. Aggrieved by the said order, the appellant has moved the present Writ Appeal with a leave of this Court. 5. The case of the appellant is that the land belongs to the appellant and she has also filed in O.S.No.142 of 2023 before the learned III Additional Junior Civil Judge, Tirupati, for declaration of title and permanent injunction against the 1st respondent and her son. The 1st respondent and her son had entered appearance to file their counters in all interlocutory applications, filed by the appellant, for injunction. 6. The appellant would also contended that she had moved W.P.No.13005 of 2023 before this Court, for early disposal of the appeal filed by her, against the order of mutation by the Tahsildar, before the Revenue Divisional Officer. The appellant would further contend that the said Writ Petition was disposed of by a learned Single Judge, dated 11.05.2023, directing early disposal of the appeal. 7. The learned counsel for the appellant would submit that the Writ Petition requires to be dismissed on the sole ground of suppression of fact 4 RRR,J & TCDS,J W.A.No.1176 of 2025 inasmuch as the 1st respondent has chosen to suppress the pendency of O.S.No.142 of 2023 as well as the pendency of the appeal before the Revenue Divisional Officer. 8. A perusal of the affidavit filed in support of the Writ Petition, shows that neither any appeal pending before the Revenue Divisional Officer, against the order of mutation of the Tahsildar nor pendency of the suit was mentioned in the affidavit. 9. It is settled law that a person who approaches this Court with unclean hands or suppression of facts cannot be given any assistance by this Court. Further, such suppression of facts affects the orders passed by this Court. 10. For the aforesaid reasons, the Writ Appeal is allowed, solely on the ground of suppression of facts. It is open to the 1st respondent to work out his remedies according to law. 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: 24.11.2025 KNN 5 RRR,J & TCDS,J W.A.No.1176 of 2025 276 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON'BLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL No.1176 of 2025 (Per Hon’ble Sri Justice R. Raghunandan Rao) 24.11.2025 KNN