Karri Koteswara Rao, S/O. Rama … vs The Govt Of A.P.Rep By Its Principal … on 22 April, 2026

    0
    29
    ADVERTISEMENT

    Telangana High Court

    Karri Koteswara Rao, S/O. Rama … vs The Govt Of A.P.Rep By Its Principal … on 22 April, 2026

    Author: Nagesh Bheemapaka

    Bench: Nagesh Bheemapaka

        IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
                             TELANGANA
                  SRI JUSTICE NAGESH BHEEMAPAKA
    
                     WRIT PETITION No. 5716 OF 2013
    
                                    22.04.2026
    
    Between:
    
    Karri Koteswara Rao (died) & another
    
                                                                ..... Petitioners
    And
    
    The Govt. of A.P.,
    Rep. by its Principal Secretary,
    Tribal Welfare Department,
    A.P. Secretariat Buildings,
    Hyderabad & others.
    
                                                              ..... Respondents
    
    O R D E R:

    Fraus et jus nunquam cohabitant : Fraud and Justice never dwell

    together.

    SPONSORED

    Fraus et dolus nemini patrocinari debent : Fraud and deceit ought

    to benefit none.

    The Hon’ble Supreme Court had an occasion to deal

    with the issue of fraud in A.V. Papayya Sastry v. Government

    of A.P. 1 wherein it was held as under:

    ” 25. It has been said: fraud and justice never dwell together
    (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit
    none (fraus et dolus nemini patrocinari debent).

    1

    (2007) 4 SCC 221
    2

    26. Fraud may be defined as an act of deliberate deception
    with the design of securing some unfair or undeserved benefit by taking
    undue advantage of another. In fraud one gains at the loss of another.

    Even most solemn proceedings stand vitiated if they are actuated by
    fraud. Fraud is thus an extrinsic collateral act which vitiates all judicial
    acts, whether in rem or in personam. The principle of “finality of
    litigation” cannot be stretched to the extent of an absurdity that it can
    be utilized as an engine of oppression by dishonest and fraudulent
    litigants.

    39. The above principle, however, is subject to the exception
    of fraud. Once it is established that the order was obtained by a
    successful party by practising or playing fraud, it is vitiated. Such order
    cannot be held legal. valid or in consonance with law. It is non-existent
    and non-est and cannot be allowed to stand. This is the fundamental
    principle of law and needs no further elaboration. Therefore, it has been
    said that a judgment, decree or order obtained by fraud has to be
    treated as a nullity, whether by the court of first instance or by the final
    court and it has to be treated as non est by every court, superior or
    inferior.”

    ***

    2. This a classic case of fraud played not only by

    Respondent No.4 on the revenue authorities, original petitioner,

    innocent purchasers encouraging them to make illegal

    construction but also the Advocate on record on his behalf who

    made false statements. However, this Court is inclined to take a

    lenient view for the present with a stern caution to learned

    counsel for Respondent No.4, to be cautious and diligent while

    filing affidavits and making submissions before the Court. The

    fraudulent intention of Respondent No.4 is visible to the naked
    3

    eye as he produced the stamp paper dated 27.03.1973 which

    was released / printed by the Press on 25.02.1977. The below

    paragraphs establish the mind of the Court as to why such an

    opinion has been drawn in this case.

    3. Original Petitioner (petitioner No.1) filed this Writ

    Petition seeking to delete the proceedings of the 1st respondent –

    Tribal Department in G.O.Ms.No. 13, Social Welfare (LTR2)

    Department, dated 15.02.2013 confirming the order passed by

    the Additional Agent to Govt. and Project Officer-ITDA,

    Bhadrachalam, Khammam District in CMA No. 11 of 2010

    dated 19.11.2011.

    4. At the stage of admission, on

    27.02.2013, the following order has been passed:

    ” Prima facie this court finds that the plea put forward by the 4th
    Respondent before the Special Deputy Collector was totally different
    from the one, which he has urged before the appellate authority. The
    matter needs to be examined in detail.

    There shall be interim stay, as prayed for.”

    5. Thereafter, original petitioner No.1 was stated to

    have died and in view of the same, this Court passed the

    following order:

    ” The Counsel for petitioner submits that the petitioner died
    and the demise was informed to the court through memo, dated
    24.07.2017. The steps to bring the legal representatives on record could
    not be taken up for want of instructions from legal representatives.

    4

    The Memo is dated 24-07-2017. Hence, for the present, the
    Writ petition can be dismissed as abated.

    Accordingly, the Writ Petition was dismissed as abated. The
    legal representatives, if are interested, are given liberty to file petition to
    come on record and restore the writ prayer. No orders as to costs.”

    6. Subsequently, the wife of petitioner No.1 being the

    legal representative had taken out I.A. No. 1 of 2018 to condone

    the delay in preferring the petition under Order 22 Rule 9 to set

    aside the abetment of Writ Petition; I.A. No. 5 of 2018 to set-

    aside the dismissal order and I.A. No. 6 of 2018 to condone the

    delay in preferring the petition under Order 22 Rule 1 to add

    petitioner’s wife to the proceedings as legal representative.

    These Applications were all disposed on 06.06.2022 with the

    following order:

    ” On 26.04.2022, this Court has directed the learned counsel
    for the petitioner to take out personal notice to respondent No. 4
    through Registered post with acknowledgment due.

    Today, when the matter is called, the learned counsel for
    the petitioner has filed a memo of proof of service along with the return
    envelope.

    A perusal of the envelope shows that respondent no. 4 has
    refused to receive the notice. Therefore, respondent no. 4 is deemed to
    have been served and he is set ex parte.

    For the reasons stated in the accompanying affidavits, the
    delay of 499 days in preferring the petition to set aside the abatement
    caused due to death of petitioner No. 1, and 213 days in preferring the
    petition to set aside the abatement caused due to the death of petitioner
    No. 1 is condoned, and the Writ Petition is restored to its file. The delay
    5

    of 559 days in preferring the petition to bring on record petitioner No. 2
    as the legal representative of petitioner No. 1 is also condoned”.

    7. Thereafter, the wife of petitioner No.1 also died and

    claiming to be her legatees, the present petitioners were brought

    on record vide order dated 18.12.2023 in I.A. No. 3 of 2023 as

    Petitioners 3 and 4.

    8. Heard Sri A.M. Qureshi, learned Senior Counsel

    assisted by Sri. P. Vamsheedhar Reddy, learned counsel for

    petitioners, learned Assistant Government Pleader on behalf of

    Respondents 1 to 3, Sri M.S. Prasad, learned Senior Counsel

    assisted by Sri Sanjeev Gillela, learned counsel for the 4th

    respondent and Sri S. Rahul Reddy, learned Special

    Government Pleader for the 5th Respondent and perused the

    record.

    FACTS OF THE CASE:

    9. The case of original petitioner is that he purchased

    the total land admeasuring Acs.14.09 Guntas; in Survey No.

    148/3 Acs.2.04 guntas, Survey No. 148/4 Acs. 2.18 guntas,

    Survey No.148/5 Acs. 2-00, Survey No. 148/6 Acs. 2.13 guntas,

    Survey No. 148/7 Acs. 2.29 guntas, Survey No.148/8 Acs. 2.24

    guntas and Survey No. 148/9 Ac. 0.01 guntas of Chunchupalli

    Revenue Village and Mandal, Bhadradri – Kothagudem District,
    6

    Telangana through a sada sale deed dated 14.04.1959 from one

    Sri Nagubandi Mallaiah (non-tribe).

    9.1. As the land is situated in agency area, the Special

    Deputy Collector, T.W. Paloncha initiated proceedings based on

    the report submitted by Special Deputy Tahsildar, T.W. in LTR

    Case No. 526 to 532 of 1994/KGM (Kothagudem) against

    petitioner. The said batch of cases was dismissed vide order

    dated 29.09.1998 with the finding that the land transfer

    involved in the present case took place between non tribals and

    tribal prior to 1970, hence Schedule Areas Land Transfer

    Regulation 1959 read with Regulation Act of 1/1970 would not

    attract for this transaction and the said order had become final.

    9.2. According to petitioner, once the order passed by

    the Special Deputy Collector rejecting the Application for

    eviction has become final, fresh proceedings for eviction cannot

    be initiated (see Mallina Venkatarao v. District Collector,

    W.G. District, Eluru {2000(4) ALD 443}). Subsequently, the

    4th Respondent filed LTR Case No. 27/2010/KGM claiming that

    he is the owner of the above said property, on the ground that

    the lands are falling under the schedule area and Regulation 1

    of 1959 and Regulation 1 of 1970 would apply to the

    transaction effected by petitioner. The Special Deputy Collector
    7

    (TW), Paloncha passed the order 03.03.2010, against which the

    4th Respondent preferred Appeal before the Additional Agent to

    Government, (respondent No.2) vide CMA No.11 of 2010. The

    2nd Respondent allowed the Appeal on 19.11.2011 with a

    direction to the Tahsildar, Kothagudem to take over the subject

    lands evicting the persons whoever in possession and restore

    the subject lands to the tribal petitioner under the cover of a

    panchnama.

    9.3. According to petitioner, in the Appeal, the 4th

    respondent contended that his father Maloth Vasya purchased

    the subject land from Nagubandi Venkata Ratnamma, W/o

    Nagubandi Mallaih through sada sale deed dated 29.03.1973

    and he filed an unregistered document which was hit by

    Regulation 1/70 because at the time of purchase, lambada

    community was not included in the Scheduled Tribe category.

    It is stated, on perusal of the document dated 29.03.1973, it

    appears to be fake and fabricated for, on the face of it, there is a

    slogan ‘Satyameva Jayathe’ which was incorporated by the

    Government of India after 1980. The 4th respondent, by virtue of

    the void transaction, is not entitled to have a claim over the

    subject land. It is further stated, though the 4th respondent is

    not a party before the Special Deputy Collector in the above LTR
    8

    Cases, it was left open to him to prefer Appeal against the

    orders of the Special Deputy Collector, but instead of filing the

    same, he filed fresh case before the Special Deputy Collector in

    2010.

    9.4. It is also stated, against the order of the 2nd

    respondent, petitioner filed Revision before the 1st Respondent.

    Pending Revision, he is stated to have filed Writ Petition No.

    32663 of 2011, wherein by order dated 13.12.2011, this Court

    directed the 1st respondent to dispose of the Revision within two

    months. In compliance with the said direction, the 1st

    respondent conducted enquiry. Meanwhile, petitioner is stated

    to have made an Application before the General Manager,

    Security Printing Press, Nasik Maharashtra under the Right to

    Information Act. Since the information sought was not

    furnished, he filed Writ Petition No. 40084 of 2012

    seeking a direction to the General Manager Security Printing

    Press, Nasik to furnish the information with regard to printing

    slogan on the stamp paper. While the said Writ Petition is

    pending, the 1st respondent dismissed the Revision vide

    impugned G.O., directing the District Collector, Khammam /

    Additional Agent to Bhadrachalam to take necessary action in
    9

    the matter, by virtue of which, the official respondents are

    seeking to evict petitioner from the schedule land.

    10. Learned Senior Counsel appearing for petitioners

    would submit that LTR case filed by the 4th Respondent is not

    maintainable and the learned Special Deputy Collector rightly

    held that the order of the Special Deputy Collector (TW) dated

    29.09.1998 in LTR Case Nos. 526 to 533 of 1994 established

    that in the document filed by petitioner, it was declared that

    possession of the petitioner over the schedule land is prior to

    the commencement of the Andhra Pradesh Schedule Area Land

    Transfer Regulation Act, 1959 read with Regulation 1/1970.

    Therefore, once the jurisdiction vested with the Tribunal as the

    original adjudicating authority under APLRT Act 1959 read with

    1/1970 was exercised in respect of the same land, this Tribunal

    is not vested with any power to conduct trial and dismissed the

    LTR filed by the 4th Respondent. It is submitted that the

    Additional agent to the Government considered that once the

    matter was adjudicated by the order of the Special Deputy

    Collector, there is no provision for review under the provisions

    of APLRT Act 1/1959 and also 1/1970 but the submissions of

    petitioner was not considered by the Additional Agent to the

    Government which allowed CMA No. 11 of 2010.

    10

    10.1. Learned Senior Counsel would further submit that

    the question of jurisdiction was also not considered by the

    Government; it failed to consider that once the matter was

    settled on 29.09.1998, the Authority cannot reopen the matter

    afresh. According to learned Senior Counsel, it is well-settled

    that the tribe of the village need not be a complainant in the

    LTR cases on behalf of tribes, the competent authority is Special

    Deputy Tahsildar. Hence there is no need to file a complaint by

    the tribe in the LTR case and if any person is aggrieved by the

    order passed by the Special Deputy Collector, it is always open

    to him to prefer an Appeal but not to file a fresh case in the

    same set of facts. As per the provisions of Regulations 1/70,

    there is no review power given to the Special Deputy Collector

    (TW) or Agent to Government. In the light of the judgment

    rendered by a Division Bench of High Court of Andhra Pradesh

    in Mallina Venkatarao’s case (supra), once the order passed

    by the Special Deputy Collector rejecting the Application for

    eviction, became final, fresh proceedings for eviction cannot be

    initiated.

    10.2. It is brought to the notice of this Court that a

    Division Bench of this Court had an occasion to deal with
    11

    similar situation in Writ Petition No. 15132 of 1999 wherein the

    following order is made:

    ” In the instant case, with regard to the same survey
    numbers, proceedings were already initiated under section 3(2) of the
    A.P. Scheduled Area Land Transfer Regulations, 1959 (for short the
    regulation) and after an enquiry, it was held that the possession of the
    petitioner was not an unauthorized and was not in violation of the
    provisions of the Regulations. It is not disputed that the said order has
    become final and as such it is not assailable. It is a settled law that
    there is no power of review in the cases arising order the A.P.S.A.L.T.
    Regulations, 1959. In the circumstances, the adjudication made by the
    Special Deputy Collector, Tribal Welfare on 10-10-1992 in S.R.No. 1232
    of 1990 cannot be reopened by any proceedings under the Regulations.
    Even an appeal cannot be filed as long time has elapsed, since the date
    of passing of the said orders. As such, it is held that no action can be
    taken against the petitioner for evicting him under the provisions of the
    Regulations.

    The writ petition is allowed to the extent indicated above. No costs.”

    10.3. Learned Senior Counsel submits that the issue

    involved is, before 29-09-1998, whether the transaction is

    attracted by Regulation 1/1959 read with Regulation 1/1970.

    The issue of valid transaction or the transaction is prohibited,

    as per the Stamps and Registration Act and the same is legal or

    not is not the subject matter of the earlier litigation and the

    same cannot be subject matter to this writ petition and in view

    of the ratio laid down in the above said Writ Petition by the

    Division Bench, the order in LTR Case Nos. 525 to 532 of

    1994/KGM(Kothagudem) cannot be reopened.

    12

    10.4. It is contended, the 1st Respondent also failed to

    take into consideration the submission made by petitioner and

    relied on the document which was not filed before the Special

    Deputy Collector and also failed to note that there is no

    provision in Regulation 1/1959 for reconsideration and review

    of the orders passed in the Regulations in the same matter.

    11. Per contra, learned Senior Counsel Sri M.S. Prasad

    appearing for the 4th Respondent, based on the averments in the

    counter, would submit that Writ Petition was filed against the

    concurrent finding of the Additional Agent to the Government

    dated 19.11.2011 and the Government in C.M.A.No.11 of 2010,

    Government in G.O.Ms.No.13 dated 15-02-2013 and the same

    is misconceived. The Andhra Pradesh (Scheduled Areas) Land

    Transfer Regulation 1 of 1959 and its Amendment 1 of 1970

    was enacted to prevent settlement of non-tribes in the

    scheduled areas. The said Regulation has been enacted by the

    Governor of Andhra Pradesh under V Schedule of the

    Constitution which got notwithstanding effect over any other

    law. Section 3 of the said Regulation provides that all the lands

    situated in Agency Tracks shall be presumed to be the lands of

    Scheduled Tribes unless contra is proved. The burden of proving

    the same lies on non-tribes but not on the tribes.
    13

    11.1. It is settled principle of law that the principle of res

    judicata is not applicable to Section 3. It is also fact that

    Lambadas were declared as Scheduled Tribes in 1976 under

    Article 342 of the Constitution, hence, purchase of properties by

    Lambadas after Regulation came into force is not in

    contravention of Section 3 of the Regulation. Keeping in view of

    the above law, the orders passed by the Additional Agent to the

    Government was confirmed by the Government.

    11.2. Learned Senior counsel also submits that the 4th

    respondent preferred Appeal to the Additional Agent to the

    Government vide CMA No. 11 of 2010 against the dismissal

    orders passed by the Special Deputy Collector, Bhadrachalam in

    LTR case No. 27/2010 KGM and after perusal of the record, the

    Additional Agent to the Government allowed the Appeal and the

    1st respondent, after verifying the record in particular the sale

    deed executed in 1973 and the pahanies and other revenue

    records reflecting the name of Respondent No.4, passed the

    order on merits.

    11.3. It is submitted, petitioner claimed to be President of

    the Housing Society and he failed to produce any document to

    substantiate the claim. Apart from that, petitioner filed this Writ
    14

    Petition not in the capacity of the President of the Housing

    Society, as such, the Writ Petition is not maintainable.

    11.4. According to him, wife of original petitioner got

    impleaded herself without any authority and after her death,

    petitioners 3 and 4, who got impleaded, have no locus since

    they themselves got impleaded on the ground that the deceased

    wife of original petitioner has given a will. In view of the above,

    learned Senior Counsel submits that Writ Petition is liable to be

    dismissed.

    ***

    12. During the pendency of Writ Petition, on

    10.01.2024, learned counsel for petitioners submitted that in

    spite of the interim stay dated 27.02.2013, the unofficial

    respondent went on selling the plots and buyers of the said

    plots had been raising construction without valid permission

    from the local bodies, hence, sought a direction to the District

    Collector to verify the records and submit a detailed report. The

    District Collector, therefore, appeared before this Court and to

    canvass the cause in public domain, to avoid further sale

    transaction, including bringing awareness in respect of illegal

    acts said to have been committed by the unofficial respondent,

    this Court without expressing any opinion on merits, directed
    15

    the District Collector to inspect the subject premises and take

    photographs including google maps and prepare a detailed

    report as to how many buildings are constructed without

    permission, how many transactions took place in contravention

    of the Agency Rules, how many buildings are under

    construction, how may illegal transactions have been made by

    the unofficial respondent in favour of purchasers, how many

    vacate lands are available in those survey numbers and who are

    responsible for the illegal acts committed by the unofficial

    respondent and submit the same in a sealed cover. The District

    Collector was also impleaded as Respondent No.5 to this Writ

    Petition, suo motu.

    13. On 05.07.2024, since the District Collector filed a

    detailed report narrating the fraud played by the 4th Respondent

    and the illegal transfers and constructions that have come up

    during the pendency of this Writ Petition over the subject land,

    learned Special Government Pleader represented that unless

    petitioners implead the purchasers, this Court cannot decide

    the matter at this stage.

    14. Learned Special Government, on 15.07.2024

    submitted that he received information regarding issuance of

    notices to the persons who constructed houses. Therefore, he
    16

    was directed to inform the District Collector to file a

    comprehensive action taken report against those who violated

    law by resorting to illegal sales / construction in the subject

    land. In this backdrop, petitioners have taken out I.A.No. 7 of

    2024 to implead Respondents 6 to 131 to the Writ Petition and

    the said Application was ordered on 30.07.2024 and

    accordingly, notices were issued to the impleaded respondents.

    Sofar as the impleaded respondents are concerned, except filing

    vakalat, none appears for them and no counter has been filed.

    Challenging the order dated 15.07.2024, the 4th respondent filed

    Writ Appeal No. 1057 of 2024 contending that the said order is

    not based on any Interlocutory Application and the relief so

    granted is beyond the scope of the relief prayed for in the Writ

    Petition. Before the Division Bench, learned Senior Counsel

    appearing for Respondent No.4 submitted that main Writ

    Petition was abated on 06.09.2017, thereafter, without putting

    his client on notice, the Writ Petition was restored and

    impugned order was passed. In that backdrop, since the

    impugned order is interlocutory in nature and the main

    grievance of Respondent No.4 is that impugned order was

    passed without there being any Application and beyond the

    relief claimed and that he was not heard, the Writ Appeal was
    17

    disposed of by order dated 15.04.2025, reserving liberty to

    Respondent No.4 to file an Application for re-calling the

    impugned order and with a further prayer to rehear him for

    recalling/modifying the impugned order.

    15. The 4th respondent therefore, had taken out I.A. No.

    1 of 2025 to recall the order dated 15.07.2024. The prime

    contention of Respondent No.4 is that subsequent to death of

    original Writ Petitioner, as no timely steps were taken to bring

    his legal representatives on record, Writ Petition stood abated

    on 06.09.2017 granting liberty to the legal representatives to

    come on record and seek restoration. Subsequently, IA Nos.1, 5

    and 6 of 2018 were filed by the 2nd petitioner for condonation of

    delay, substitution and restoration of Writ Petition. These

    Applications were allowed ex parte without notice to his

    (respondent N.4) counsel on record and indeed, the cause list

    reflected another advocate’s name instead of his counsel Sri

    Sanjeev Gillella. Due to this serious procedural lapse,

    Respondent No.4 is stated to have taken objection to the order

    dated 06.06.2022 which restored Writ Petition to file and

    accordingly, filed I.A.No.1 of 2022 challenging the ex parte

    restoration.

    18

    16 It is also the case of Respondent No.4 that in the

    interregnum, since there was no interim order, by virtue of the

    impugned G.O. and the order in CMA, his title was perfected

    and he sold parts of the subject property, legally, to other

    persons. Therefore, upon restoration, the said sales should not

    become illegal and at best, they should be subject to the

    outcome of the Writ Petition, contends Respondent No.4.

    Meantime, the 2nd petitioner also died and petitioners 3 and 4

    filed an Application to come on record as her legal

    representatives on the basis of an unregistered Will Deed. The

    said Application was erroneously allowed upon the pleadings

    made by them; whereas, the Will Deed on which they rely, does

    not bequeath any property or rights to them. Therefore, the

    Applications for recalling/reviewing the said order of this Court

    is also pending adjudication.

    17. Another objection taken by Respondent No.4 is that

    he was not issued prior notice of either the scope of inspection

    by the District Collector nor furnished report enabling him to

    file objections. According to him, the District Collector, in his

    report, stated that certain sadabainamas and subsequent

    constructions exist on the subject land, but, there is no

    conclusive finding that such transactions are per se illegal
    19

    under Agency laws and in any event, all such alleged

    purchasers are also Scheduled Tribe persons. Notwithstanding

    this, on 15.07.2024, this Court directed that action be taken

    against the alleged illegal sales / constructions and called for

    further action taken report, without hearing him and without

    there being any Interlocutory Application seeking such drastic

    directions. The said order not only goes beyond the scope of the

    relief sought by writ petitioner but also infringes the well-settled

    principle of audi alteram partem. Furthermore, the directions

    adversely affect the third parties belonging to Scheduled Tribe

    community who are not even arrayed in these proceedings. The

    order dated 15.07.2024 assumes that subject land was illegally

    transferred and that houses were illegally-constructed which

    overlooks the fact that Respondent No.4 belongs to Scheduled

    Tribe community and the purported-purchasers or allottees are

    also members of Scheduled Tribe. The regulatory scheme under

    the Agency Laws is aimed at preventing alienation of tribal lands

    to non-tribals. When the transactions involve tribal-to-tribal

    transfers, presumption of illegality lacks factual and legal basis.

    Thus, treating these transfers as ipso facto illegal is

    unsustainable, especially when the 4th respondent and other

    similarly-placed persons were not given chance to produce their
    20

    sale deeds or relevant evidence of compliance with the Agency

    Regulations.

    18. To the said Application, petitioners 3 and 4 filed

    counter stating that counsel for the 4th respondent was very

    much present in the Court Hall at the time of passing orders in

    the above I.As. and this Court directed his counsel to take out

    personal notice. His advocate Mr. Sanjay Gillela was very much

    present in the court Hall as per cause list in Item No.67. Proof of

    service was also filed and the said case came up for hearing as

    Item No. 72 on 06.06.2022 on which date also, he was present

    in the court hall, and in support of the same, the copy of the

    cause list was filed which clearly reflects the name of counsel

    Sanjeev Gillella. The 4th respondent taking undue advantage of

    the mistake occurred in the order wherein the names of the

    previous advocates were printed including their counsel and

    with a mala fide intention did not get his name entered by

    deleting the name of his previous counsel and under the garb of

    the said mistake, is claiming that order was passed behind his

    back. The 4th respondent approached this Court based on a fake

    and fabricated document and even his counsel is playing fraud

    by misleading this Court. It is also stated, the 4th respondent

    has not stated the facts accurately and correctly before this
    21

    Court and a person, who is not bold enough to give all the facts

    accurately and correctly, is deemed to have approached this

    Court with unclean hands. Therefore, on this ground alone, I.A.

    No. 1 of 2025 is liable to be dismissed.

    19. Petitioners 2 and 3 also stated, during her life time,

    petitioner No.2 executed a Will in their favour, therefore, they

    filed implead Application stating that property devolved upon

    them by virtue of the Will and the said Application was allowed.

    In the interregnum, when the LR Application was under

    consideration, writ bundle could not be traced for four years,

    then the 4th respondent entered into possession of the afore-

    mentioned lands by producing the abetment order and the

    revenue authorities basing upon the said order, incorporated

    his name in the Revenue Records; based on which, the 4th

    respondent made portions of the land and also constructed

    house and sold them to third parties. At that point of time,

    these petitioners have made representations to Revenue

    Authorities stating that matter is pending before this Court, as

    such, no permission or sanction should be given to the 4th

    respondent either for alienation or plotting the property or for

    raising any structures. Further, a paper notification was also

    issued in local news papers cautioning the general public not to
    22

    enter into any transactions with him. In- spite of the same, the

    4th respondent used all his influences and was hand-in-glove

    with Revenue officials and made gullible purchasers to purchase

    portions of the property and amassed large sums, without any

    lawful right over the property. After the writ bundle was traced,

    they filed reply to the counter-affidavit and also an additional

    affidavit bringing to the notice of this Court all the events

    narrated above, including the factum of fabrication of sada sale

    deed, Revenue Records, sale of portions of lands, construction of

    houses, etcetera. In the report, dated 19-02-2024, the District

    Collector stated that there are 96 structures existing, out of

    which 88 are without permission whatsoever and for 54

    structures, there were no house numbers allotted and that

    totally 130 people have purchased portions of the said lands

    unregistered sada sale deeds, which are not valid documents.

    20. According to petitioners 3 and 4,

    in 1974, the 4th respondent stated that he was in enjoyers’

    column, but in the list of Adangal for the year 1974 given by the

    District Collector, his name was not there. Hence, his statement

    was proved wrong. Since this Court directed to submit action

    taken report by order dated 15.07.2024, the District Collector

    proceeded with demolition of illegal construction and at that
    23

    juncture, the 4th respondent, alleging that without any notice,

    constructions were demolished, he along with other encroachers

    filed Writ Petition No. 24198 of 2024 wherein interim stay was

    granted, however, pending orders, the 4th respondent and other

    purchasers are continuing construction in the subject property.

    21. This Court had taken into consideration the

    submission, in detail, and by order dated 07.07.2025, observed

    that in exercise of the powers vested with it under Article 226 of

    the constitution of India, in the interest of the public at large, a

    direction was issued to the Special Government Pleader, on

    15.07.2024, to inform the District Collector to file a

    comprehensive action taken against those who violated law by

    resorting to illegal sales / construction in the subject land. It

    was also noted that normally, while drafting affidavit,

    petitioner(s), in the ultimate paragraph, prays to pass such

    order or orders that may deem fit and proper in the

    circumstances of the case; in view of the same, the action of this

    Court, by no stretch of imagination, can be said to be traversing

    beyond the scope of the Writ Petition. Hence, this Court does

    not find any reason to recall the order dated 15.07.2024 and

    accordingly dismissed I.A.No. 1 of 2025.

    ***
    24

    22. In this factual backdrop, in the first and foremost,

    this Court desires to deal with the allegations made by the 4th

    respondent that I.A.Nos. 1, 5 and 6 of 2018 which were taken

    out to condone the delay in preferring the Petition under Order

    22 Rule 9 to set aside the abetment of Writ Petition; to set aside

    the dismissal order and to condone the delay in preferring the

    Petition under Order 22 Rule 1 CPC to add original petitioner’s

    wife to the proceedings, were ordered without notice. In this

    context, this Court refers to the cause list dated 06.06.2022, on

    which date the above mentioned Applications were ordered; it

    reflected the name of Sri Sanjeev Gillella. For clarity, the cause

    list dated 06.06.2022 is extracted hereunder:

    COURT No. 32

    THE HONOURABLE SRI JUSTICE A. ABHISHEK REDDY
    To be Heard on Monday the 6th day of June 2022 (After Motion List)

    INTERLOCUTORY (OTHER DEPARTMENTS)

    72. WP 5716/2013 C.B. Ram Mohan Reddy GP for Social Welfare Khammam
    IA 2/2017 (WPMP Sanjeev Gillela
    186597/2017) M/s Babuji Tenneti
    IA 1/2018
    IA 2/2018
    IA 3/2018
    IA 4/2018
    IA 5/2018
    IA 6/2018
    IA 1/2022

    23. As could be seen from the above extracted cause

    list, the name of Mr. Sanjeev Gillella was printed in item No. 72

    as respondent counsel, and there is no mention of respondent’s
    25

    previous counsel Mr. P.V. Ramana, as alleged by him. Besides

    this, when the matter came up on 26.04.2022, the name of Mr.

    Sanjeev Gillela was printed in the cause list in item No. 67 as

    counsel for Respondent and only in the order dated 06-06-2022,

    passed in I.A. No. 1, 5 & 6 of 2018, name of the respondent

    counsel is mistakenly recorded by this court as Mr. P.V.

    Ramana instead of Mr. Sanjeev Gillela; The order dated

    06-06-2022 was passed hearing both the parties and Mr.

    Sanjeev Gillella, counsel for the 4th respondent, as could be seen

    from the cause list filed, and he has notice of the proceedings

    and was very much present in the court.

    24. Further, a perusal of the order dated 06.06.2022

    shows that learned counsel for petitioners filed memo of proof of

    service along with the returned envelope which depicts that the

    4th respondent ‘refused to receive the notice’. Therefore, treating

    him to have been served, he was set ex parte. Thereafter also, as

    could be seen from the proceeding sheet dated 15.07.2024, in

    the very first paragraph, it was noted that ‘heard learned

    counsel for petitioner, learned Senior Counsel appearing on

    behalf of the unofficial respondents and Mr. Swaroop Oorilla,

    learned Government Pleader for official respondents.’ These

    facts were, admittedly, not brought to the notice of the Division
    26

    Bench in the Writ Appeal wherein learned Senior Counsel for

    appellant (respondent No.4) simply made submission that

    without putting learned counsel in the Writ Petition on notice,

    the Writ Petition was restored. In the light of the above, the

    contention of petitioner that he was not heard and his counsel

    was not put on notice cannot be countenanced.

    25. Secondly, the complaint of the 4th respondent is the

    order dated 15.07.2024 is not based on any interlocutory

    Application and the relief so granted is beyond the scope of the

    relief prayed for. In this context, it is to be seen, against the

    order dated 04.03.2010 of the Special Deputy

    Collector that the Tribunal is not vested with any power to

    conduct a fresh enquiry and pass any order in respect of the

    same lands, the 4th respondent preferred C.M.A. No. 11 of 2010

    before the Additional Agent to Government, Bhadrachalam who,

    according to writ petitioner, erroneously allowed the Appeal by

    Order dated 19.11.2011. In the C.M.A., for the first time, the 4th

    respondent filed a copy of Sada Sale Deed dated 29.03.1973

    executed in his favour, which is a fabricated document as the

    stamp paper on which the sale deed was engrossed is

    subsequent to 1977. ‘Satyameva Jayathe’ with Ashoka Chakra

    symbol was being printed from 1977 onwards only on all the
    27

    Stamp Papers printed by the India Security Press, Nasik, as is

    evident from a reading of the Order passed by the High Court of

    Gujarat. Further, the Pass Book filed in the said C.M.A is not at

    all a readable document, but however, the appellate authority

    relied upon the same. The third set of documents filed is the

    Adangal Pahanis, which were also found to be a fabricated

    document, in view of the fact that there was no such record

    maintained by the revenue authorities.

    26. In view of the serious allegations raised as to

    creation of false and fabricated documents including forgery of

    signatures of the officials and also creation of stamp papers by

    putting ante-date resulting in succeeding before the 2nd

    respondent and for the reasons stated in the order dated

    10.01.2024, and at request of learned counsel for petitioners,

    this Court impleaded the District Collector suo motu as the 5th

    respondent. The District Collector submitted a detailed report

    on 05.07.2024 admitting the factum of illegal sales

    /constructions without permission from the local body. The said

    report was sent to respondents/petitioner and some other

    purchasers who purchased the property and they also entered

    their appearance through respective advocates. At that

    juncture, learned Special Government Pleader also informed the
    28

    Court that notices were issued to the persons who constructed

    houses, by the local authorities and he sought further time to

    file a report to that extent including the cases that are registered

    under the land transfer regulations.

    27. Here, it is also to be seen, while issuing rule nisi,

    this Court by order dated 27.02.2013, prima facie, found that

    the plea put forward by the 4th respondent before the Special

    Deputy Collector was totally different from the one which he has

    urged before the appellate authority; the matter needs to be

    examined in detail, hence, there shall be interim stay as prayed

    for. In those circumstances, at the cost of repetition, it is to

    be observed that this Court duly exercising the powers vested

    with it under Article 226 of the Constitution, in the interest of

    the public at large, directed the Special Government Pleader to

    inform the District Collector to file a comprehensive action

    taken against those persons who violated the law by resorting to

    illegal sales / constructions in the subject matter.

    28. The report further discloses that the name of the 4th

    respondent has been recorded as pattadar in Dharani entries

    based on Sada Sale deed and further, contended that all

    transactions have been made in the subject lands through

    unregistered sale deeds. Hence, the entire transactions cannot
    29

    be ascertained due to multiple purchasers. The report further

    discloses construction of illegal structures in the subject land

    and the officers who are to be held responsible. The report of the

    District Collector dated 19.02.2024, brought to the notice of this

    Court has startling facts of fraud, illegal sales, constructions

    without permissions. It is noted in the report that the 4th

    Respondent effected sales of the portions of the subject lands

    through unregistered sale deeds and the number of sales could

    not be verified even by the Collector since the sales are effected

    through unregistered sale deeds; however, number of illegal

    constructions could be noted by the Collector in the report. The

    4th Respondent, in total disobedience of orders of this Court,

    sold portions of subject land, in the interregnum, to the gullible

    public, which is besides being contempt of this Court is unfair

    enrichment.

    29. Learned counsel for petitioners vehemently argued

    that the 4th Respondent surprisingly produced a sale deed

    before the appellate tribunals which was not placed before the

    primary tribunal for consideration, which document, on the face

    of it, is a rank forgery as the India’s national motto “Satyemeva

    Jayathe”, a slogan and caption appearing on the document was

    not in vogue in 1973 and came to be incorporated on the stamp
    30

    papers with effect from 25-02-1977. This aspect was dealt with

    by the Gujarat High Court in a Special Criminal Application

    (Direction) No. 6929 of 2016 (Malabhai Virabhai Chavda v

    State of Gujarat) by order dated 20-09-2016. It reads as

    under:

    ” 3. Moreover, in the communication of India Security Press, (i)
    it specifies that Non-judicial Stamp paper with the Slogan ‘Satyamev Jayate
    is printed and implemented below the symbol of Ashok Chakra from
    25.02.1977 and the wordings ‘Gujarat’ is written in Hindi language on right
    side, over the designs from 16.08.1967. He has also urged that, these papers
    could not have been of the year 1964 for various reasons and therefore this
    would require reinvestigation.”

    30. As such, the stamp paper dated 27-03-1973 on

    which sale deed was executed on 29-05-1979, could not have

    had slogan/caption of “Satyamev Jayate”, which came to be

    printed on the stamp papers with effect from 25-02-1977. This

    itself shows that the sale deed relied on by the 4th Respondent

    to establish the ownership over the subject land is a forged

    document and the same is used before the lower tribunals to

    obtain the orders challenged under the present Writ Petition. In

    the words of LORD Denning “No Court in this land will allow a

    person to keep an advantage which he has obtained by fraud.

    Fraud unravels everything.”

    31

    31. That apart, the 4th respondent also strongly relied

    on the entry of his father’s name in Pahani Patrikas of 1973 to

    1976. The reply issued by Tahsildar Kothagudem, dated

    25.03.2021 to the Application of petitioner for copies of the

    Pahanies of 1973 to 1976 recording his father’s name, filed by

    the 4th Respondent, would show that there are no such copies

    available in the Tahsildar office, and this fact would force this

    Court to take adverse inference that even these entries showing

    the 4th respondent’s father in possession of the subject land as

    early as during 1973-1976, is forged and these documents are

    fraudulently used before the lower tribunals. This is further

    evidenced by the report of the District Collector that there are

    no entries of the enjoyers for the years 1973 to 1976 in the

    Pahany Patrikas. The passbook filed by the 4th respondent in

    support of his contention, cannot also be looked into as it does

    not reflect the very name of the 4th respondent or his father and

    the entire passbook is blank. It is not understood how the lower

    tribunals have relied on these documents which are per se

    forged documents resulting into the orders challenged in this

    Writ Petition.

    32. As fraud vitiates everything, the entries recorded in

    favor of the 4th Respondent and the orders passed by the
    32

    Additional Agent to the Government and the Government in

    Revision also cannot stand to the scrutiny of this Court, and

    shall have to be set aside. As noted above, the 4th respondent

    had taken inconsistent pleas before the lower tribunals and by

    playing fraud on authorities and using the forged documents as

    genuine, obtained the orders which are unsustainable.

    33. In S.P. Chengalvaraya Naidu v. Jagannath 2 , the

    Hon’ble Supreme Court held as under:

    ” The principle of ‘finality of litigation’ cannot be pressed to
    the extent of such an absurdity that it becomes an engine of fraud in the
    hands of dishonest litigants. The courts of law are meant for imparting
    justice between the parties. One who comes to the court, must come
    with clean hands. A person who’s case is based on falsehood, has no
    right to approach the court. He can be summarily thrown out at any
    stage of the litigation. A judgment or decree obtained by playing fraud
    on the court is a nullity and non est in the eyes of law. Such a
    judgment / decree by the first court or by the highest court has to be
    treated as nullity by every court, whether superior or inferior. It can be
    challenged in any court even in collateral proceedings.

    A fraud is an act of deliberate deception with the design of
    securing something by taking unfair advantage of another. It is a
    deception in order to gain by another’s loss. It is a cheating intended to
    get an advantage. A litigant, who approaches the Court, is bound to
    produce all the documents executed by him which are relevant to the
    litigation. If he withholds a vital document in order to gain advantage
    on the other side then he would be guilty of playing fraud on the court
    as well as on the opposite party.”

    2

    (1994) 1 SCC 1
    33

    34. The Hon’ble Supreme Court had an occasion to deal

    with the issue of fraud in A.V. Papayya Sastry v. Government

    of A.P. 3 extracted supra.

    35. In this context, it is to be seen as to what amounts

    to ‘fraud’? It is a settled and non-negotiable principle of law

    that fraud,

    – Misrepresentation, suppression of material facts or deliberate
    deception.

    – Suppression of a vital document amounts to playing fraud on the
    court.

    – Fraud is an act of deliberate deception intended to secure an unfair
    advantage.

    – Fraud on a statutory or public authority stands on the same footing
    as fraud on the court.

    – Suppression of material facts before a public authority vitiates the
    entire process and disentitles the petitioner from any relief under
    Article 226 of the Constitution, and that a writ court cannot be
    converted into a forum to legitimise fraud or misrepresentation.

    – Whether practised upon a court or upon a statutory or public
    authority, vitiates the entire proceeding and strikes at the very
    foundation of the administration of justice.

    36. Further, as held by catena of judgments of the

    Hon’ble Apex Court and this Court -“Fraud”, as is well known,

    vitiates every solemn act. Fraud and justice never dwell

    together. Fraud is a conduct, either by letter words or, which

    includes the other person or authority to take a definite

    3
    (2007) 4 SCC 221
    34

    determinative stand as a response to the conduct of the former,

    either by words or letter. It is also well-settled that

    misrepresentation itself amounts to fraud. Indeed, innocent

    misrepresentation may also give reason to claim relief against

    fraud. A fraudulent misrepresentation is called deceit and

    consists in leading a man into damage by wilfully or recklessly

    causing him to believe and act on falsehood. It is a fraud in law

    if a party makes representations, which he knows to be false,

    and injury ensues therefrom although the motive from which

    the representations proceeded may not have been bad.

    37. The Hon’ble Apex Court on misrepresentation in

    Ram Chandra Singh v. Savitri Devi 4 held as under:

    ” 15. Commission of fraud on court and suppression of material
    facts are the core issues involved in these matters. Fraud as is well known
    vitiates every solemn act. Fraud and justice never dwell together.

    16. Fraud is a conduct either by letter or words, which
    induces the other person or authority to take a definite determinative stand
    as a response to the conduct of the former either by word or letter.

    17. It is also well settled that misrepresentation itself amounts
    to fraud. Indeed, innocent misrepresentation may also give reason to claim
    relief against fraud.

    18. A fraudulent misrepresentation is called deceit and
    consists in leading a man into damage by wilfully or recklessly causing him
    to believe and act on falsehood. It is a fraud in law if a party makes
    representations which he knows to be false, and injury ensues therefrom
    although the motive from which the representations proceeded may not have
    been bad.

    4

    2003 (8) SCC 319
    35

    33. Once it is held that a judgment and decree has been
    obtained by practising fraud on the court, it is trite that the principles of res
    judicata shall not apply. The High Court, therefore, in our opinion committed
    a serious error in referring to the earlier orders passed by it so as to shut the
    doors of justice on the face of the appellant for all times to come. We,
    therefore, are of the opinion that the impugned judgment dated 10-12-1998
    cannot be sustained.”

    38. In view of the above, it cannot be said that the order

    dated 15.07.2024 is passed beyond the scope of the Writ

    Petition and the contention of learned counsel for Respondent

    No.4 is rejected

    ***

    39. Coming to the merits of the matter, from a perusal

    of the material and the arguments of learned counsel on either

    side, it is evident that original writ petitioner, during his

    lifetime, had purchased Acs.14.09 guntas in Survey Nos. 148/3

    to 148/9 in 1959, much prior to coming into force of Regulation

    1 of 1970, and was in continuous possession, paying land

    revenue. The vendor of petitioner himself invoked Regulation 1

    of 1970 in LTR Case Nos.525, 527, 529, 530, 531 and 532 of

    1994/KGM, which were dismissed by order dated 29.09.1998,

    holding that Regulation 1 of 1970 had no application. The said

    order attained finality. In 2010, Respondent No.4 again initiated
    36

    proceedings in LTR Case No.27 of 2010/KGM, which was

    dismissed on 04.03.2010 for lack of jurisdiction.

    40. However, the Appellate Authority allowed

    C.M.A.No.11 of 2010 by order dated 19.11.2011, relying upon

    fabricated documents, including the so-called Sada Sale Deed

    dated 29.03.1973. In view of the discussion supra, this Court is

    of the opinion that Revision before the Government was also

    dismissed by G.O.Ms.No.13 dated 15.02.2013, without proper

    consideration.

    41. During pendency of the Writ Petition, Respondent

    No.4 illegally obtained mutations, made alienations under

    unregistered documents and facilitated unauthorized

    constructions. The District Collector’s report dated 19.02.2024

    also revealed a large-scale illegal constructions and alienations

    involving 130 purchasers, as stated supra. The report further

    shows that all alienations are made based on unregistered

    sadabainamas and constructions are undertaken without

    obtaining any permission. It is further reported that the officers

    concerned are responsible for these alienations / constructions

    and the District Collector named those officers in the report.

    Also, in his usual fairness, Sri M.S. Prasad, learned Senior

    Counsel for the 4th respondent, on instructions from the
    37

    Advocate on record, admitted that the 4th respondent committed

    mischief so far as creation of documents is concerned. This

    Court places on record appreciation for the submissions made

    by the learned Senior Counsel.

    42. In view of the foregoing discussion, in conclusion,

    this Court finds that Regulation 1 of 1970 has no retrospective

    application to a transaction of the year 1959 and that the issue

    stood concluded by the final order dated 29.09.1998. The

    appellate and revisional orders suffer from jurisdictional error

    and perversity. Consequently, all alienations made based on

    unregistered sadabainamas and constructions made without

    securing any permission are held to be illegal and void and Writ

    Petition therefore, deserves to be allowed, in the considered

    opinion of this Court.

    43. Accordingly, the Writ Petition is allowed, setting

    aside the proceedings in G.O.Ms.No.13, dated 15.02.2013 and

    the order dated 19.11.2011 in C.M.A.No.11 of 2010.

    Consequently, mutations / alienations are declared illegal. So

    far as the illegal constructions are concerned, it is open for

    respondent authorities to take action in accordance with law.

    The District Collector is directed to take appropriate action for

    correction of revenue records. Petitioners are also at liberty to
    38

    proceed against unofficial respondent No.4 in accordance with

    both civil and criminal law, if they so desire.

    44. So far as the impleaded respondents are concerned,

    though a paper publication was issued by petitioners not to

    make purchase with regard to the subject property, the

    impleaded respondents purchased the same without

    permission. Hence, they cannot claim to be bona fide

    purchasers for value and consideration. The High Court of

    Punjab and Haryana at Chandigarh in Subhash Chand v. The

    Financial Commissioner Revenue (judgment dated

    24.12.2008 in L.P.A.No. 184 of 2004), after considering the

    judgments relied on by appellants therein in Damodar Dass v.

    Joginder Singh (LPA No. 181 of 1972), Division Bench

    Judgments reported in The State of Haryana v. Smt. Savitri

    Devi (1986 PLJ 656), Shangara Singh v. Financial

    Commissioner (1993 PLJ 712), Single Bench judgments

    reported in Kali Ram v. Union of India (1976 Revenue Law

    Reporter 438), Rattan Singh v. Chief Settlement

    Commissioner, Haryana (1978 Revenue Law Reporter 242),

    Achhar Singh v. The State of Punjab (1979 Revenue Law

    Reporter 360), the judgments relied on by respondents in Jote

    Singh (died) by L.Rs. v. Ram Das Mahto (AIR 1966 SC 2773),
    39

    Ramrao Jankiram Kadam v. State of Bombay (AIR 1963 SC

    827), Kashmir Singh v. Panchayhat Samiti, Ferozpur (2004)

    6 SCC 207), Shankar v. Daooji Misir (AIR 1931 Privy Council

    118), Kanhiya Lal Minor through his mother Mt. Raj Raji v.

    Deep Chand (AIR 1947 Lahore 199 (Division Bench), Shamsher

    Chand v.Bakhshi Mehr Chand (AIR 1947 Lahore 147 (Full

    Bench)), Gurcharan Singh v. Punjab State Electricity Board

    (AIR 1989 Punjab 127), Gurcharan Singh v. Roori Alias Jito

    (1984 PLR 68), Jagar v. Mst. Chhoto (1963 Current Law

    Journal 425), Hardev Singh v. Gurmail Singh (dead) by LRs.

    (2007) 2 SCC 404; Full Bench judgment in Balwant Kaur v.

    Chief Settlement Commissioner (Lands) Punjab (1963 Punjab

    Law Reporter 1141), judgments of the Hon’ble Supreme Court in

    Pala Singh (deceased) by LRs. V. Union of India (1987 (Supp)

    SCC 2012), Nitin Gupta v. State of Meghalaya (2005) 13 SCC

    686), S.P. Chengalvaraya Naidu (dead) by LRS v. Jagannath

    (dead) by LRs. (AIR 1994 SC 853), Commissioner of Customs,

    Kandla v. Essar Oil Ltd. (2004) 11 SCC 364), Lazarus

    Estates Ltd. v. Beasley {(1956) 1 All ER 341}, Ganpatbhai

    Mahijibhai Solanki v. State of Gujarat (2008 (3) PLR 458

    (SC), held that after allotment in favour of vendors of appellants

    is cancelled, they cannot claim to be bona fide purchasers for
    40

    value and consideration. The only remedy available for them,

    assuming the appellants to be purchasers for consideration, is

    to sue their vendors for recovery of sale consideration.

    45. In view of the above judgment, since the document

    created / fabricated by Respondent No.4 is held to be by playing

    fraud, as stated supra, the impleaded respondents are at liberty

    to proceed against him in accordance with both civil and

    criminal law. No costs.

    46. Miscellaneous applications, if any, stand closed,

    with no order as to costs.

    ————————————-

    NAGESH BHEEMAPAKA, J

    22nd April 2026

    ksld



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here