IMPORTANT POINT
Unregistered deeds do not confer ownership rights, and possession must be established through valid documentation and legal processes.

ORDER :

(R. Raghunandan Rao, J.) :

Heard Sri P. Sri Raghuram, learned Senior Counsel appearing on behalf of Sri N. Ashwani Kumar, learned counsel for the petitioner and Sri O. Manoher Reddy, learned Senior Counsel appearing on behalf of V.V. Satish, learned counsel for the respondents.

2. As the Writ Appeals and the Writ Petitions are arising out of the same disputes between essentially the same parties, they are being disposed of, by way of a common order.

3. In view of the rival claims made by both sides, it would be necessary to set out the respective contentions of the private claimants over the land. For the purposes of reference, the parties have been referred to as they are arrayed in W.A.No.943 of 2023.

4. The version of the private respondents is—

a) The private respondents are members of the families of persons, who have been displaced due to the acquisition of their land, for establishment of Visakhapatnam Steel Plant. The displaced persons had been given ‘R’ cards during 1982-84. Thereafter, the State of Andhra Pradesh had allotted house sites to these displaced persons, vide proceedings dated 19.08.2005, in Sy.No.64/29 and 64/30 of Pedagantyada Village, RHC-II admeasuring 107 sq.yards for each of the displaced persons. Thereafter, pattas were given to the displaced persons and a lay out was prepared by the State with plot numbers allotted to the displaced persons. This process is said to have been completed in the year 2005. As none of the plots were handed over to the displaced persons, the said displaced persons and their legal heirs had made various representations for handing over the said plots. The government had then issued an endorsement, dated 23.11.2016, confirming the allotment of plots made in favour of the displaced persons. The said displaced persons and their legal heirs are the private respondents in W.A.No.943 of 2023.

b) As the plots were not being handed over despite such confirmation, the private respondents had approached this Court, by way of W.P.No.36828 of 2018 seeking a direction to the respondents therein to handover possession of the respective house sites allotted to the displaced persons. This Writ Petition was allowed, on 05.01.2021, by a learned Single Judge of this Court, with a direction to the respondents to handover possession of the respective house sites, allotted to the displaced persons, within a period of four weeks from the date of receipt of the copy of the order.

c) Aggrieved by this order, the State filed Writ Appeal No.115 of 2024 contending that the State should be permitted to ascertain the bonafides of the private respondents and their right and claim to be allotted such plots before any such handing over possession of the plots could be done.

d) The appellant, in W.A.No.943 of 2023, who is a third party to the proceedings, moved the said Writ Appeal, after obtaining leave of the Court, on the ground that the land in question belongs to her and is in her possession. The appellant contends that she had purchased the land from the earlier owners of the land, who had been in possession from 1970 onwards and that the private respondents had moved W.P.No.36828 of 2018, by suppressing various litigations and proceedings pending before authorities and pending before this Court.

5. The case of the appellant is as follows:

a) One Sri V. Rajan Raju, who was gardener of the Zamindar of the area had been given the land admeasuring Ac.4.50 cents in Sy.No.64/1 of Pedagantyada Village and Mandal, Visakhapatnam District and had remained in possession of the same. Thereafter, Sri V. Rajan Raju and his two sons viz., V. Satyanarayana Raju and V. Sanyasi Raju had executed irrevocable General Power of Attorney dated 25.06.1984 which was registered as document No.504 of 1984 in the office of the Registrar, Visakhapatnam, in favour of Sri K. Satyanarayana Murthy. The said K. Satyanarayana Murthy, representing the above persons, had executed a sale deed dated 15.07.1999, in favour of the appe