PARAWISE REMARKS FOR WP NO.

3378/2016

Para No. 1:

No comments

Para No. 2:

The allegations made in Para No.2 are partly true and partly not true
are correct. It is true that late Pedda Obulappa was assigned the land wide
AM No.604/33 . as mentioned in para no. 2. The remaining
allegations with regard to purchase of the property to an extent of Ac.2.00
(0.50 cents each) as said by the petitioners and their vendors who got
purchased the said lands from the legal heirs of the late Pedda Obulappa are
denied. The said documents are void as the legal heirs of Pedda Obulappa
sold away the property to an extent of Ac.5.00 in the same Survey No. i.e.
509/4 of BK Palli on 25-04-1981 to us.

Subsequently the legal heirs of our vendors filed a suit for partition in
respect of the above said property in O.S.No.139/1993 on the file of
Subordinate Judge, Madanapalli. In the mean while we filed i.e. (APSEB
Employes Union) another suit in OS No.128/1996 on the file of District
Munsiff, Madanapalli .. against the vendors and also their legal heirs
seeking permanent injunction. Subsequently both the suits were
compromised before Lok Adalath and awards were passed in respective
suits. As per the award in O.S.No.139/1993 (partition suit) we have paid a
sum of Rs.1,32,000/- to our vendors and their legal heirs and they
relinquished their right over the above said land.

As per the terms of Lok Adalath in OS No.128/1996 for (permanent

injunction) perpectual injunction was granted. In the award it is specifically
mentioned that if the respondents/our vendors and their legal heirs violated
any condition of the award we can seek police aid. The respectively award
copies are hear with enclosed for more particulars. As they violated the
conditions we filed OEP 44/2015 in OS No.128./1996 for contempt and also
EA .. for grant of Police Aid. In the said EP the JDRs filed their counter
clearly admitting our possession. In the said EA .. the court granted police
Aid and aggrieved against the said orders they filed CRP No. before
the Hon'ble High Court and the same is pending.
Para No. 3:

It is true that the second respondent had initiated the proceedings

under AP Patadhar and Pass Books Act for setting aside the assignment
granted in favour of Obulappa in the year 1933 and aggrieved of the said
orders we have preferred a writ petition in WP No. 19258/1998 and the
same was allowed. The remaining allegations made in Para No.3 are false.

Para No. 4:

The allegations in Para No. 4 is denied.

As per the terms of Lok Adalat Award in OS No.128/1996 (permanent

injunction) our vendors and their legal heirs are having right over the
property to an extent of Ac.0.01 cents from the land sold by them
i.e. Ac.05.00 to us.

The total extent in Survey No.509/4 is Ac 05.26 cents. In which we

acquired an extent of Ac 05.00 cents in the year 1981. So our vendors and
their legal heirs are having right only to an extent of Ac. 0.27 cents which
includes Ac.0.01 cent of land relinquished as per Lok Adalat awards in OS
No.128/1996 and OS No.139/1993. Ever since from the date of purchase of
the property by us we are in possession and enjoyment of the said property
by forming layout and executed registered sale deeds in favour of respective
members of APSEB employees society. We are herewith enclosing the list of
sale deeds also.

Our vendors already sold away the property to an extent of Ac.05.00

cents to our society and also delivered possession to the APSEB employees
society and in turn the society executed registered sale deeds in favour of its
employees. Thus the subsequent transactions made by our vendors and
their legal heirs in respective of the property sold to us is not valid and the
same is not binding on us. In fact there is no land to sell the same to the
petitioner's vendors of this WP No.3378/2016.

Therefore the petitioners are not entitled for any relief much less the
relief prayed for in the above WP No.3378/2016.