THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.659/2008 Dt,24-6-2010 M/s.M.V.Builders, represented by its Managing Partner, Mullapudi Veera Venkata Satyanarayana, Visakahaptnam. ..Petitioner V. 1.The Sub-Divisional Magistrate, Visakhapatynam and others ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.659/2008 ORAL ORDER This petition under Sec. 482 Cr.P.C., is filed to quash the proceedings initiated against the petitioner in MC No.1/2008/CC dt. 31-1-2008 by the Sub-Divisional Magistrate, Visakhapatnam. The impugned conditional order for removal of nuisance under Sec.133 Cr.P.C., has been passed by the first respondent, namely, Sub- Divisional Magistrate, Visakhapatnam dt. 31-1-2008 directing the petitioner to remove the alleged illegal encroachments made in the Government land in S.No.19/1 of Maddilapalem to an extent of 1 ½ cents of 72 sq.yards and to stop further constructions. The petitioner challenged the said proceedings on the ground that no case was made out much less under Section 133 Cr.P.C.; that the contents and allegations on the face of it do not constitute any offence of nuisance under Section 133 Cr.P.C.; that the petitioner is proceedings with the construction after obtaining sanctioned plan and the construction is going on in S.No.18/2 and not in S.No.19/1 of Maddilapalem and therefore the proceedings are liable to be quashed. It is evident from the conditional order for removal of nuisance under Sec.133 Cr.P.C., a notice has been issued to the petitioner on 29-11- 2007 directing him to produce the documents in respect of the land in S.No.19/1 of Venkojipalem h/o Maddilapalem village in Visakhapatnam (Urban) within two days from the date of receipt of notice, failing which further action would be initiated as per the information available in revenue records. In spite of service of notice, the petitioner has not responded to the notice. Since the petitioner failed to produce the documents, the Tahsildar informed the Sub-Divisional Magistrate through his letter dt. 12-12-2007 that he got surveyed and fixed the boundaries of lands in S.Nos.19/1 and 18/2 of Madilapalem village on 3-12-2007 and 4-12-2007 with the assistance of Mandal Surveyor of Visakhpatnam (Urban) and B-Surveyor of the Assistant Director, Survey and Land Records, Visakhapatnam. After surveying and fixing the boundaries, the petitioner was directed to stop unauthorised construction immediately vide notice dt. 15-12-2007. The said notice was served on the petitioner on 24-12-2007. As there was no response from the petitioner stopping the illegal construction in the Government land, the Sub-Divisional Magistrate through his letter dt. 12-1- 2008 directed the petitioner to evict the encroachment made by him by illegal construction inS.N.19/1 of Maddilapalem village. In spite of the same, there was no response from the petitioner. Therefore, the Tahsildar sent a report dt. 17-1-2008 to the Sub-Divisional Magistrate, Visakhapatnam, who passed the impugned order dt. 31-1-2008 and posted the matter to 4-2- 2008 for appearance of the petitioner and for filing written statement, if any. When the encroachment orders dt. 12-1-2008 were already passed against the petitioner for due eviction of the encroachment made by him for not submitting the necessary documents in respect of the land in S.No.19/1, and when the impugned orders dt.31-1-2008 were passed directing the petitioner to remove illegal encroachments made by him in Government land and to appear before the Sub-Divisional Magistrate, Visakahaptnam, the petitioner is at liberty to appear before the Sub- Divisional Magistrate, Visakhpatnam and produce all necessary documents evidencing that he has not encroached into the Government land. In view of the same, the proceedings initiated against the petitioner through the impugned orders cannot be quashed. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.24-6-2010 kmr