G.Ramesh Babu, Chittoor Dt., vs The State Of Ap., Rep Pp And 3 Otrs.,
2022 Latest Caselaw 1925 AP

Citation : 2022 Latest Caselaw 1925 AP
Judgement Date : 21 April, 2022

Andhra Pradesh High Court - Amravati

G.Ramesh Babu, Chittoor Dt., vs The State Of Ap., Rep Pp And 3 Otrs., on 21 April, 2022

 THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

          CRIMINAL PETITION NO.8276 OF 2016

ORDER:-

     This Criminal Petition, under Section 482 of the Code

of Criminal Procedure 1973, is filed to quash the order

passed in Roc.G/1497/15, dated 05.6.2015, which is

promulgated under Section 145 of Code of Criminal

Procedure, in respect of the lands to an extent of Ac.12.40

cents in Sy.No.376; an extent of Ac.17.18 cents in

Sy.No.377 and an extent of Ac.6.76 cents in Sy.No.370 of

Avilala Village, Tirupati Rural Mandal.

     2.    The impugned order dated 05.6.2015 reveals

that the President, Taxi Drivers Association, Tirupati has

represented that about 100 taxi drivers have constructed

houses in Sy.No.377 of Avilala Village about 30 years ago

and all the houses were assessed by the Vedanthapuram

Gram Panchayat and have obtained electricity service

connection to those houses and they were also given with

voter identity cards, ration cards, aadhar cards and they

have filed W.P.No.27705 of 1995 before this Court and this

Court directed not to dispossess them except under due

process of law. But, on 28.04.2015 at about 11.00 a.m.,

about 100 unruly elements headed by Sri S.C.V. Naidu

tried to demolish the houses which was objected and

thereby they the taxi drivers were assaulted and they
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sustained bleeding injuries and that they were also

threatened by stating that they will come again in the

midnight to attack and as such the said President of Taxi

Drivers' Association requested the Superintendent of Police,

Tirupathi to save them and on that the Superintendent of

Police after verification addressed the District Collector,

Chittoor stating that there is any chance of breach of peace

in the locality and thereby the District Collector, Chitoor

directed the Revenue Divisional Officer, Tirupathi to

promulgate orders under Section 145 Cr.P.C. prohibiting

the entry and occupation of the lands bearing Survey

Nos.376 to an extent of Ac.12.40 cents in Sy.No.376; an

extent of Ac.17.18 cents in Sy.No.377 and an extent of

Ac.6.76 cents in Sy.No.370 of Avilala Village, Tirupati Rural

Mandal by both parties and their men until further orders.

     3. Heard the learned counsel for the petitioner and

the learned Special Assistant Public Prosecutor. Perused

the material on record.

     4. On perusal of record, it goes to show that the

orders were promulgated under Section 145 Cr.P.C., on the

ground that there will be breach of peace in the locality, in

view of the dispute with regard to the above said lands,

wherein      two      rival       parties   are     claiming

title/ownership/possession. In fact, in respect of the

subject lands, a civil Suit was filed in O.S.No.222 of 1999
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on the file of the Additional Senior Civil Judge Court,

Tirupati, which was dismissed on 31.12.2003, against

which an appeal in A.S.No.75 of 2004 on the file of

V Additional District Judge was preferred and it was also

dismissed on 31.12.2004.

     5. Government filed a suit in O.S.No.222 of 1999 on

the file of the learned Additional Senior Civil Judge Court,

Tirupati claiming that the subject land belongs to the

Government     and   the   said      suit    was   dismissed   on

31.12.2003

. Aggrieved by the said judgment, the

Government preferred an appeal in A.S.No.75 of 2004 on

the file of the V Additional District Judge Court, Tirupati

and the same was also dismissed. At this juncture, the

question of initiation of proceedings under Section 145

Cr.P.C. would not arise. The disputes, if any, have to be

resolved by the competent civil Court. Simultaneously

initiation of criminal proceedings under Section 145 Cr.P.C.

along with the civil proceedings is nothing but abuse of

process of the Court. Multiplicity of litigation is not in the

interest of parties and by virtue of the same even public

money will be wasted and the same would lead to