Fazulla Y vs The State Of Ap
2021 Latest Caselaw 3420 AP

      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

              CRIMINAL PETITION NO. 4692 OF 2021

ORDER:-


     This petition is filed under Section 438 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest

bail to the petitioner/A3 in the event of his arrest in connection

with Crime No.261 of 2021 of Bhakarapet Police Station, Chittoor

District, registered for the offences punishable under Sections

120b, 166, 167, 467, 409, 420 read with 34 of the Indian Penal

Code, 1860.


2.   The case of prosecution is that a report was lodged wherein

it was alleged that prior to 19.06.2020, A1 to A3/ Revenue officers,

being public servants knowingly disobey the direction of law and

dishonestly with a view to get wrongful gain, prepared pattadar

pass books and other relevant revenue records in favour of

Chinthala Balaganesh, Chinthala Siva Kumar, Arepalli Chinthala

Reddemma      (without   considering   objections   raised   by   one

Janakamma), who are the beneficiaries of pattadar pass books in

Sy.No.36 of Devarakonda Revenue village of Chinnagottigallu

Mandal and committed criminal breach of trust during the

contemporary period of A1 to A3.


3.   Heard    Sri   Ganta   Rama   Rao,   learned   senior   counsel

appearing on behalf of Sri Mangena Sree Rama Rao, learned

counsel for the petitioner and learned Assistant Public Prosecutor

for the respondent-State.

4. Learned senior counsel for the petitioner submits that

though the petitioner is unconnected with any of the allegations

made in the report, he is arrayed as accused No.3. It is submitted

that whole grievance against the petitioner is that pattadar pass

books and title deeds were issued to third parties in respect of the

land belonging to the husband of the complainant and after she

came to know about the same, she has made a representation.

Petitioner along with others without acting upon such

representation, has mutated the names of legal representatives of

complainant's brothers-in-law. It is further submitted that since

1983 onwards even as per the complainant, her brothers-in-law

are in possession of the property. It is submitted that for

cancellation of pattadar pass book, petitioner has no authority and

the complainant has to file an appeal before the Revenue

Divisional Officer. Even as per the vigilance report, Village

Revenue Officer, who is A1 in this case, played a vital role and he

has knowledge about the entire litigation and recommended for

issuance of pattadar pass books. He relied on Judgment of this

Court in Entala Bhupal and others Vs., District Revenue

Officer and others reported in 2005(6) ALT 560 and further

submits that any person seeking cancellation of the pattadar pass

books has to work out his remedies as provided under Section 5-B

or revision as provided under Section 9 or he can approach the

Civil Court as provided under Section 8(2) of the Andhra Pradesh

Rights in Land and Pattadar Pass Book Act, 1971. He submits

that petitioner is not the officer who has issued the pattadar pass

books but he had only incorporated the names of the legal heirs. It

is further submits that the petitioner is falsely implicated in this

case, hence his case may be considered for grant of pre arrest bail.

5. On the other hand, learned Assistant Public Prosecutor

submits that though the defacto complainant has filed an

application for survey and issuance of pattadar pass books and

title deeds, the accused mutated the names of third parties in the

revenue records, without taking into consideration the

representation made by the defacto complainant, A1 to A3

colluded together and committed the alleged offences. He further

submits that the petitioner being a public servant, is not entitled

for pre arrest bail.

6. The allegation against the petitioner is that when an

application is filed by the legal heirs of original pattadar, petitioner

has mutated the names of legal heirs without taking into

consideration the application made by the defacto complainant. It

is undisputed fact that original pattadar pass books and title

deeds were not issued by the petitioner herein and further there is

no dispute about the fact that Revenue Divisional Officer is the

competent authority to rectify any of the mistakes under the

Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971.

Taking these aspects into consideration, this Court deems it

appropriate to grant pre arrest bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The

petitioner/A3 shall be released on bail in the event of his arrest in

connection with Crime No.261 of 2021 of Bhakarapet Police

Station, Chittoor District, on condition of executing self bond for

Rs.20,000/- (Rupees twenty thousand only) with two sureties for a

likesum each to the satisfaction of the Station House Officer,

Bhakarapet Police Station, Chittoor District.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

___________________________ LALITHA KANNEGANTI, J Date :07.09.2021 sj

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(Allowed)

CRIMINAL PETITION No.4692 of 2021

07.09.2021

sj