A mere agreement of sale does not confer ownership, and claims of adverse possession must meet strict legal standards.

COMMON ORDER:

Since the issues involved in these two Writ Petitions are arising out of the same survey number and same facts, as such, both the Writ Petitions are heard analogously and decided by the common order. For the sake of convenience, the facts in W.P.No.436 of 2023 are being taken for disposal of these two Writ Petitions.

2. The Writ Petition No.436 of 2023 is filed under Article 226 of the Constitution of India for the following relief:

"….to issue an appropriate writ or any other order or direction particularly one in the nature of writ of certiorari calling for the records relating to and in connection with the order in R.P.No.08/2005 (D.Dis.No.3513/2005/D2) dated 21.6.2022 passed by the Joint Collector, Visakhapatnam/3^rd respondent confirming the order in D.Dis.No.2326/2003/C, dated 7.6.2005 of the RDO/4^th respondent and quash the same and pass such other orders……"

3. The facts of the case:

One B.Pera Raju is the rightful owner of the land to an extent of Acs.33.00 cents in Narava Village. On the death of said B.Pera Raju, the said property was devolved upon the 6^th respondent and his elder brother late Dr. Sarabhalingam. Out of the said extent of Acs.33.00 cents, some land was acquired by the Government.

4. Later, during the lifetime of Dr. Sarabhalingam, the respondent Nos.6 to 9 including Dr. Sarabhalingam have executed an agreement of sale to an extent of Acs.26.00 cents on 12.08.1978 in favour of Dadi Thata Rao (deceased) and the petitioners 2 to 10 are the legal heirs of the said Dadi Thata Rao. The respondent Nos.6 to 9 have executed nine different sale deeds for a total extent of Acs.17.70 cents in favour of Dadi Thata Rao, out of total extent of Acs.26.00 cents, as the said Dadi Thata Rao has failed to pay the balance sale consideration as per the sale agreement dated 12.08.1978. As such, the said Dadi Thata Rao (deceased) has become the owner to an extent of Acs.17.70 cents.

5. Respondent Nos.6 to 9 in the Writ Petition have filed suit O.S.No.491 of 2003 on the file of the IV Additional Senior Civil Judge (F.T.C.), Visakhapatnam, for permanent injunction against Dadi Thata Rao restraining the defendant therein and his men from ever interfering with the peaceful possession and enjoyment of the suit schedule property of Acs.5.87 cents in Sy.262/1 of Narava Village, Hamlet of Venkatapuram, Visakhapatnam District. The said suit was decreed vide judgment and decree dated 02.06.2010. Assailing the same, Dadi Thata Rao has filed an appeal, vide A.S.No.151 of 2010, on the file of the IV Additional District Judge, Visakhapatnam. While the appeal is pending, Dadi Thata Rao has passed away. Hence, filed an interlocutory application to bring the legal heirs of Dadi Thata Rao and the petitioners 2 to 10 herein are added as legal heirs in A.S.No.151 of 2010. Eventually, the said appeal was dismissed on merits, vide judgment and decree dated 19.01.2018. Thereafter, the legal heirs of Dadi Thata Rao have filed Second Appeal No.153 of 2020 before this Court under Section 100 of the C.P.C. The said Second Appeal was dismissed by a learned Single Judge of this Court on 09.07.2025.

6. The said Dadi Thata Rao has filed an appeal under Section 5 (5) of the A.P.Rights in Land and Pattadar Pass Books Act , 1971 (for brevity, hereinafter called as ‘the Act’) before the Appellate Authority- cum-Revenue Divisional Officer, admittedly without any source, on the ground that Bendapudi Mallikharjuna Rao, son of Pera Raju has entered into an agreement through an unregistered agreement dated 12.08.1978 to sell the land to an extent of Acs.26.00 cents from out of the total land admeasuring Acs.26.30 cents to Dadi Thata Rao held in Sy.Nos.242 and 262 of Narava Village of Pendurthi Mandal. Having exe