HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2524 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue an appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the official Respondents in not taking action against the illegal alienation and activity being carried out by the respondent Nos.11 to 14 on behest of Respondent No.7 on lands i.e., in Sy.Nos.141/A/1, 1414/A/2/1/1/1, 141/A/2/1/1/2, 141/A/2/2/1/1/1, 141/A/2/1/2/1/1/2, 141/A/2/1/2/1/2, 141/A/2/1/2/2 to an extent of Ac.7.19 gts situated at Bajipur Village, Thimmajipet Mandal, Nagarkarnool District in spite of interim orders passed in IA No.901/2021 in OS No.430/2021 in favour of petitioner as arbitrary, illegal and violative of Articles 14, 21 and 300A of the Constitution of India and in violation of principles of natural justice and consequently direct the official respondents to not to entertain any transfer and also not to allow any development activity on the said lands.…”

2. It is stated that the petitioner is the owner and possessor of agricultural lands admeasuring Ac.7-19 guntas in Sy.Nos.141/A/1, 141/A/2/1/1/1, 141/A/2/1/1/2, 141/A/2/2/1/1/1, 141/A/2/ 1/2/1/1/2, 141/A/2/1/2/1/2 and 141/A/2/1/2/2 situated at Bajipur Village, Thimmajipet Mandal, Nagarkarnool District (hereinafter referred as “subject property”). It is further stated that the subject property originally belonged to her father-in-law, late Sri K. Ramachandra Reddy, who, acquired the lands in Sy.Nos.4 and 141 as per the family settlement dated 22.03.1991. It is stated that during his lifetime, said Ramachandra Reddy executed a Will dated

19.01.2003 bequeathing the lands in Sy.No.4 to the petitioner’s elder son (Respondent No.6) and Sy.No.141 to her younger son, late K. Varun Reddy, who was a minor and suffering with epilepsy at the time. It is further stated that after the death of Ramachandra Reddy, the respondent No.4 vide Proceedings No.A/760/2006-07 dated 23.10.2007, wrongly mutated the lands in Sy.Nos.4 and 141 equally in favour of all sons. Challenging the same, the petitioner’s sons filed an appeal before the respondent No.3, which was allowed vide order dated 20.02.2016, directing to conduct de novo enquiry. The respondent No.3, after conducting enquiry, passed orders on 03.10.2016 recognizing the right of petitioner’s sons to the extent of their respective shares under the Will. It is stated that during pendency of appeal filed by Respondent No.7, the petitioner’s younger son Varun Reddy passed away on 02.03.2017 and without bringing his legal heirs on record, Respondent No.6 compromised the matter before the respondent No.3 on 20.05.2017 and relinquished rights over the lands in Sy.No.141 in favour of Respondents 7 and 8. It is further stated that late Varun Reddy had executed a registered Will dated 20.04.2016 in petitioner’s favour in respect of Sy.No.141. Suppressing the said fact, Respondent No.6 manipulated compromise proceedings as if she has agreed for mutation of the lands in respect of lands in Sy.No.141. Questioning the same, it is stated that the petitioner filed a revision before the Joint Collector, and the same was transferred to the Special Tribunal and renumbered as ST/D1/39/2021. The Tribunal, without conducting any enquiry, dismissed the case stating that the nature of the case is a civil dispute. It is stated that the petitioner filed a suit vide O.S.No.430 of 2021 on the file of II Additional Junior Civil Judge, Nagarkarnool, against the respondent Nos.5 to 10 herein and others seeking declaration and consequential injunction in respect of the subject property. In the said suit, the trial Court vide order dated 09.08.2023 in I.A.No.901 of 2021 granted interim injunction in favour of the petitioner restraining the Respondent Nos.6 to 10 from alienating the subject property. It is the case of the petitioner that inspite of said injun