Thatiparthi Sasi Kumar vs State Of Ap
2021 Latest Caselaw 3029 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                     MAIN CASE No.: Crl.P. No.4586 of 2021

                                 PROCEEDING SHEET

Sl.                                                                          Office
        DATE                                ORDER
No                                                                           Note

1.    13.08.2021   CMR, J
                                      I.A.No.1 of 2021

                         Dispensed with for the present.


                                                                 ________
                                                                  CMR, J
                                     Crl.P. No.4586 of 2021

                         Learned Additional Public Prosecutor has taken
                   notice for the 1st respondent/State and requested time

to seek instructions.

Issue notice to respondent No.2.

Post the matter after four (4) weeks.

________ CMR, J I.A.No.2 of 2021

The petitioners are accused in Crime No.65 of 2021 of Chittamuru Police Station, SPSR Nellore District. A case under Sections 188, 447 r/w 34 IPC was registered against them on a report lodged by the 2nd respondent, who is the Tahsildar, alleging that the petitioners have made illegal construction in land covered by Sy.No.60-1B, which is in an extent of Ac 3.33 cents.

Learned counsel for the petitioners would submit that as per the Adangal copy, the said land covered by Sy.No.60-1B is a Grama Kantam land and it is not vested in the Government or in the Panchayat and that the petitioners have been in possession of the said land for the last several years. Therefore, he would submit that the question of trespassing into the said land does not arise as alleged by the prosecution. He would further submit that this Court in Writ Petition No.23904 of 2018 held that in view of the earlier judgments that Grama Kantam do not automatically vest in the Panchayat. He further submits that based on the said order, this Court in another Writ Petition No.10983 of 2020, filed by the 2 nd petitioner and others, also gave interim direction as sought for relating to Grama Kantam land covered by the above Sy.No.60-1B in an extent of Ac.3.33 cents of Mettu Village.

Therefore, as it is stated that the petitioners have been in possession of the said Grama Kantam land for the last several years and in view of the aforesaid judgments wherein it is stated Grama Kantam do not vest in the Panchayat, the petitioners could make out a prima facie case warranting interference of this Court to examine in the main Criminal Petition whether launching of criminal prosecution in the given facts and circumstances of the case is legally sustainable or not for the said offences and whether the F.I.R is liable to quashed or not.

Therefore, in view of the above, there shall be interim stay of further proceedings pursuant to registration of F.I.R in Crime No. 65 of 2021 of Chittamuru Police Station, SPSR Nellore District, including arrest, till the next date of hearing.

________ CMR, J AKN