IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 8289 of 2005 Between: 1 Bolla Veera Kanaka Rahhakrishna, S/o. Late Ramulu, R/o. Pedathummidi, Bantumilli Mandal, Krishna District. 2 Bolla Raveendranath Tagore @ Ravi, S/o. Late Ramulu, R/o. Pedathummidi, Bantumilli Mandal, Krishna District. ..... PETITIONERS AND 1 The Superintendent of Police, Krishna District, Machilipatnam. 2 The Deputy Superintendent of Police, Krishna District, Machilipatnam. 3 Station House Officer, Bantumilli P.S., Bantumilli, Krishna District. 4 The Circle Inspector of Police Bandar ( Rural), Machilipatnam. 5 The Revenue Divisional Officer, Machilipatnam, Krishna District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to Issue a writ of Mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent in registering the case in Cr.No.7/2005 for the offences mentioned therein as illegal, arbitrary and one without jurisdiction and quash the same in so far against the petitioners and pass such other or further orders. Counsel for the Petitioner: MR.S.V.RAMANA Counsel for the Respondent Nos.1 to 5: GP FOR HOME The Court made the following : ORDER Petitioners seek to issue a writ of Mandamus declaring the action of the Station House Officer, Bantumilli Police Station, Bantumilli, Krishna District in registering the Cr.No.7 of 2005 for the offences under Sections 3 (1) (iv) (v) of the SC and ST (Prevention of Atrocities) Act 1989 and Section 7 of the A.P. Assigned Lands ( Prohibition of Transfer) Act and Sections 466, 468 and 471 IPC as arbitrary and illegal. The complaint made by the 5th respondent through the 4th respondent reads as follows: “I invite your attention to the references cited wherein the special team constituted to enquire into the formation of certain fish tanks illegally in Bandlagudem H/o.Pedatummidi Village of Bantumilli Mandal has submitted its report and suggested to take up follow up action on the irregularities noticed. On going through the report of the Special Team, it is established that certain assigned/Government lands have been occupied illegally bySri Bolla Veera Kanaka Radha Krishna, Sri Bolla Ravindranath Tagore sons of (late) Ramulu, Sri Alluri Atchayutaramaraju @ Gandhi Raju and Smt Samantha Suvarna Kumari by violating the provisions of Section 3 of A.P. Assigned lands (Prohibition of Transfers)Act, 1977 and also converted the lands into Tanks without obtaining any permission from the competent authority also. For the sake of convenience and easy identification of the tanks notional numbers have been assigned to the tanks by the team in respect of the lands held by them (the illegal occupants) in Pedatummidi and Ramavarapu Modi villages of Bantumilli Mandal. All the individuals have occupied the Government/Assigned lands as detailed below by resorting to benami transactions and by fraudulent means.” As seen from the recitals of the above complaint, absolutely there is no such averment that the land said to have been occupied by the petitioners is the Government land and that the said land was assigned to the members of the Schedule Caste or Schedule Tribe and that they were wrongfully dispossessed. Apart from that, the above recitals do not constitute any offences under Sections 466, 468 and 471 IPC and even as seen from the list enclosed regarding assignment of lands, it is not known whether the assignees are the Schedule Caste or Schedule Tribe and in the absence of such a material, it cannot be said that the said land was assigned in favour of the Schedule Caste or Schedule Tribe, or AP Assigned Lands (Prohibition of Transfer Act, SC and ST (Prevention of Atrocities) Act, 1989. Therefore, it can easily be inferred that no case is made out to register the crime in question against the petitioners. Having regard to the facts and circumstances of the case, the writ petition is allowed quashing the proceedings in Cr.No.7 of 2005. __________ 19-06-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Krishna District, Machilipatnam. 2 The Deputy Superintendent of Police, Krishna District, Machilipatnam. 3 Station House Officer, Bantumilli P.S., Bantumilli, Krishna District. 4 The Circle Inspector of Police Bandar ( Rural), Machilipatnam. 5 The Revenue Divisional Officer, Machilipatnam, Krishna District. 6.2CD copies