Lakshmi Narasimham vs State Of Ap
2021 Latest Caselaw 566 AP

[ 3209 ]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE THIRD DAY OF FEBRUARY,

TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 1060 OF 2021

 

Between:
Lakshmi Narasimham, W/o Narasimham, Aged about 47yrs, Occ: Business, R/o Flat
No. 822, 4" Cross, Sarakki Main Road, 4° Phace, J.P.Nagar, Bangalore, Karnataka
State.
...Petitioner
AND

4. State of Andhra Pradesh, Rep. by its Principal Secretary, Department of
Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District.

2 The Tahsildar and Mandal Executive Officer, Nandivada (M), Gudivada. Krishna

District.

The Sub-inspector of Police, Nandivada (M), Gudivada, Krishna District.

Nukala Rama Krishna, S/o Ranga Rao, Aged about 60 yrs, R/o D.No.7-B/15/45,

Uppuvari Street, Thoorpu Veedhi, Eluru, West Godavari District.

naalied

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the action of the 2" respondent, in issuing proceedings vide R.C.No.A.369/2020, dt.16.12.2020 under section 145 Code of Criminal Procedure 1973 in respect petitioner's prawn tanks situated in an extent of Ac.147.00cents_ in R.S.No.389, 392 etc., of Nandivada Village, Krishna District as illegal, contrary to law, settled proposition in the judgment on Division bench reported in 2018 (1)ALD 455 and consequentially directed the 2" respondent to withdraw the 145 Cr.PC proceedings dt.16-12-2020.

1A NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2° respondent not to interfere with peaceful possession of the petitioner Fish/Prawns tanks situated in an extent of Ac.147.00cents in R.S.No.389 etc. of Nandivada Village, Krishna District, pending disposal of WP 4060 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kalyan.C.R, Advocate for the Petitioner and GP for Revenue for the Respondent Nos. 1 & 2 and GP for Home for the Respondent No.3, the Court made the following.

HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.1060 of 2021

INTERIM ORDER:

The writ petition is filed seeking to declare the action of the respondent No.2 in issuing proceedings in R.C.No.A.369/2020, dated 16.12.2020 wherein the petitioner was directed to attend the hearing on 28.12.2020 with regard to enquiry under the provisions of Section 145 of Criminal Procedure Code(for short 'Cr.P.C.').

Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home, appearing for respondent No.3. None appeared for respondent No.4 despite service of notice.

The learned counsel for the petitioner contended that the petitioner obtained a sub-lease on fish/prawns tanks from the respondent No.4 and terms of lease are governed by an agreement dated 22.02.2020. He submitted that pursuant to the said lease, the petitioner took possession of the fish/prawns tanks and invested huge sums for carrying prawn culture by employing men and machinery. He submitted that on the allegation of irregular payment of lease amount, the respondent No.4 raised a dispute and on 14.04.2020, he along with his henchmen trespassed into the fish/prawns tanks premises and beat the petitioner. Learned counsel further submitted that as the concerned Station House Officer was not acting on the complaint, the petitioner approached the Superintendent of Police, Krishna District and only thereafter F.I.R., was registered on the petitioner's

complaint vide Critae No.274 of 2020 dated 10.09.2020. Further that the

respondent No.2 under the influence of the local M.L.A., initiated action under Section 145 of Cr.P.C., and issued proceedings on 16.12.2020 without conducting any preliminary enquiry and without assessing the possibility of breach of public peace and tranquillity. He vehemently contended that the dispute between the petitioner and the respondent No.4 relates to payment of lease amount and the respondent No.4 having political influence is not allowing the petitioner to carry out his fish/prawns Culture operations. The learned counsel while further submitting that initiation of proceedings under Section 145 of Cr.P.C., on the basis of an incident which occurred on 14.04.2020 after more than six months is wholly untenable and arbitrary. He further Submitted that there is no recording of satisfaction for initiating proceedings under Section 145 of Cr.P.C., and that the same is not in accordance with procedure contemplated under Law. He contended that as the issue relates to lease hold amount, instead of filing a Civil Suit, the respondent No.4 is resorting to high-handed action. He further urged that the petitioner pursuant to the notice issued by the respondent No.2 filed explanation/objections and without considering the same, the respondent No.2 is proceeding in the matter by calling upon the petitioner to produce lease agreement and contemplating to conduct a rowing enquiry into the lease hold rights which are not within his domain. While submitting _ that there is no such situation warranting imposing/passing of orders under Section 145 of Cr.P.C. Learned counsel contends that by virtue of the said proceedings, the petitioner is prevented from harvesting the standing crop of prawns and thereby at the peril of incurring huge loss. Learned counsel further relying on the Judgment of the

Hon'ble Division Bench in Yelugubanti Haribabu v. State of Andhra

Pradesh and Others', further submitted that unless interim orders as prayed for are granted, the petitioner would suffer irreparable loss, prejudice and hardship.

Learned Assistant Government Pleader for Revenue on other hand while referring to the averments in the counter-affidavit submits that due to dispute regarding lease amounts in respect of prawn culture tanks between the petitioner, his lessor/4 respondent and the land owners, there is likelihood of breach of peace and tranquillity in the village. Therefore the respondent No.2 is justified in invoking the powers under Section 145 of Cr.P.C., and pending further enquiry into the matter, on the basis of information from the concerned S.H.O., the respondent No.2 passed order dated 16.12.2020 restraining the rival groups not to enter into the land mentioned therein. He further submitted that the petitioner having filed objections before the respondent No.2 without waiting for the orders filed the present writ petition and that the same is not maintainable.

Learned Assistant Government Pleader for Home, while submitting that as many as 10 cases have been registered with reference to prawn/fish tanks against the concerned parties and to prevent out break of law, action is being initiated by respondent No.2 and the same cannot be found fault with.

Though the respondent No.4 is served as per the memo of proof of service, none appeared on his behalf.

As is seen from the proceedings impugned, it is a notice calling upon the petitioner to attend enquiry on 28.12.2020 and the petitioner through his advocate appeared before the respondent No.2 and also filed

objections/counter to the action initiated by the respondent No.2 invoking

* 2018(1) ALD 455

powers under Section 145 of Cr.P.C. It appears that nol order has been passed sofar. Though the learned counsel submitted that the proceedings impugned are contrary to the judgment of Hon'ble Division Bench referred to above, a perusal of the said proceedings would discloses that it is only a notice to attend hearing but not an order. Nothing is stated in the counter- affidavit of respondent No.2 with regard to passing of order, if any, after submission of objections by the petitioner before the respondent No.2. A reading of the counter-affidavit would further disclose that four F.I.Rs were registered and matters are under investigation and further that the Assistant Director of Fisheries, Gudivada, was appointed as receiver of the subject matter prawn/fish tanks to Safeguard them and to take all further action connected with aquaculture.

Though the learned counsel for the petitioner raised contentions with regard to proceedings under Section 145 of Cr.P.C., as the writ petition is filed challenging the not ice dated 16.12.2020 to which objections/reply was submitted and also keeping in view the fact that any observation/opinion of this Court may adversely effect the case of the respective parties, this Court deems it appropriate, without going into merits, to direct the respondent No.2 to complete the proceedings under Section 145 of Cr.P.C., and put a quietus to the matter by passing appropriate orders, in accordance with law, within a period of one (1) week from today, after giving due Opportunity to all concerned.

However, considering the submissions made that the petitioner would suffer irreparable loss, this Court in view of the specific averments made in the writ petition regarding investment of money and that the standing crop is ready for harvesting which were not denied by the

respondent No.4 deems it appropriate to issue directions to safe-guard the

«

« ~

My %

ere

interest of petitioner. Accordingly, the Assistant Director of Fisheries is directed to take steps to harvest the standing crop of fish/prawn, if the same is ready, sell the same and deposit the proceeds before the

respondent No.2. The amount/proceeds so deposited shall be subject to

further orders of this Court.

List after three (3) weeks.

SD/-K.TATA RAO ASSISTANT REGISTRAR

arty

seesiet

ITTRUE COPY// .

AN For ASSISTANT REGISTRAR To,

1. The Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.

2. The Tahsildar and Mandal Executive Officer, Nandivada (M), Gudivada. Krishna District.

The Sub-inspector of Police, Nandivada (M), Gudivada, Krishna District. Nukala Rama Krishna, S/o Ranga Rao, R/o D.No.7-B/15/45, Uppuvari Street, Thoorpu Veedhi, Eluru, West Godavari District. (Addresses 1 to 4 by RPAD) One CC to Sri. Kalyan.C.R, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] One spare copy

©

ONAN

MM

HIGH COURT.

NJSJ

DATED:03/02/2021

NOTE: LIST THE MATTER AFTER THREE WEEKS

ORDER

WP.No.1060 of 2021

INTERIM DIRECTION

ay os!