Golla Hari Babu vs The State Of Andhra Pradesh
2023 Latest Caselaw 4302 AP

           THE HON'BLE SRI JUSTICE K.SURESH REDDY

         CRIMINAL REVISION CASE No. 1174 2022

JUDGMENT:

Questioning the order dated 16-12-2022 in M.C.No. 05/2022

passed by Tahsildar and Executive Magistrate, Sydapuram Mandal,

whereby orders under Section 145 Cr.P.C. were promulgated with

immediate effect in respect of the land in an extent of Ac. 2.65

cents situated in survey No. 16-1 of Thokalapudi Village,

Sydapuram Mandal, the present revision is filed before this Court.

2. Heard Sri J.Krishna Praneeth, learned counsel appearing for

the petitioner, and learned Special Assistant Public Prosecutor

appearing for the respondent-State.

3. Basing on the request of the Village Revenue Officer,

Thokalapudi-respondent No. 4 herein, to impose orders under

Section 145 Cr.P.C. since there is a dispute with regard to the land

in survey No. 16-1 of Thokalapudi Village, Sydapuram Mandal, the

Tahsildar and Executive Magistrate, Sydapuram Mandal-respondent

No. 2 herein passed the order impugned in the revision. A perusal

of the order under challenge would show that to avoid law and

order problem, respondent No. 2 straightaway passed the said

order directing respondent No. 4 to promulgate orders under

Section 145 Cr.P.C. in respect of the land in an extent of Ac. 2.65

cents situated in survey No. 16-1 of Thokalapudi Village since

there are disputes between two groups over the aforementioned

land. It would further show that the impugned order is bereft of

any reasons and respondent No. 2, without following the

procedure established under Section 145 Cr.P.C., straightaway

passed the impugned order even without giving any notice to any

of the parties. As seen from the material available on record, a

suit in O.S.No. 421 of 2022 on the file of the Court of learned

Principal Junior Civil Judge, Gudur, SPSR Nellore District, is also

pending with regard to the subject land. Learned Special Assistant

Public Prosecutor, on the other hand, also did not dispute non-

following of procedure by respondent No. 2 before passing the

impugned order.

4. For the aforementioned reasons, the order dated 16-12-2022

in M.C.No. 05/2022 passed by the Tahsildar and Mandal Executive

Magistrate, Sydapuram Mandal, is hereby set aside.

5. Accordingly, the criminal revision case is allowed. Pending

miscellaneous applications, if any, shall stand disposed of in

consequence.

                                    _____________________
Date: 15-09-2023,                   JUSTICE K.SURESH REDDY
JSK


      THE HON'BLE SRI JUSTICE K.SURESH REDDY




      CRIMINAL REVISION CASE No. 1174 OF 2022




            DATE: 15TH SEPTEMBER, 2023




JSK