THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7128 of 2009 AND CRIMINAL PETITION No.7136 of 2009 CRIMINAL PETITION No.7128 of 2009 BETWEEEN: Sista Ramesh, S/o. Anjaneya Sastri … Petitioner AND 1. State rep. by Public Prosecutor & another. … Respondents CRIMINAL PETITION No.7136 of 2009 BETWEEEN: Sista Ramesh, S/o. Anjaneya Sastri … Petitioner AND 1. State rep. by Public Prosecutor & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7128 of 2009 AND CRIMINAL PETITION No.7136 of 2009 ORDER: The petitioner is accused of offences punishable under Sections 430 and 427 I.P.C. in CC.Nos. 311 of 2008 and 312 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. On the report of the Tahsildar, Patancheru Mandal, the cases were booked, investigated into and charge sheets were filed. 2. S.No.321 in Ameenpur village measuring Ac.7.39gts is shikkim land in Kothacheru tank. The petitioner/accused is making development of lands in S.Nos.322, 323 and 324 by taking some of the lands on lease from the pattadars Kata Darshan, Kata Veeramani and Kata Krishna and by dumping huge boulders and morrum in several extents. Alleging that, the said activity of dumping boulders and morrum in patta lands in S.Nos.322, 323 and 324 disturbed natural landscape and hurdled inflow of water into Kothacheru, the prosecution was launched against the petitioner for the above offences. As the matter now stands, there is no dispute that lands in S.Nos.322, 323 and 324 are patta lands. They are neither Government lands nor shikkim lands. According to the prosecution, the activity of the petitioner disturbs full tank level (FTL) of Kothacheru. When S.Nos. 322, 323 and 324 are not shikkim lands and are patta lands belonging to ryots, the question of those lands being part of FTL of Kothacheru may not arise. In case, the disputed lands are part of FTL of Kothacheru, then the lands in S.Nos.322, 323 and 324 should not have been classified as patta lands and they should have been included in shikkim lands. 3. It is contended by the Public Prosecutor that the District Collector constituted joint inspection committee consisting of Revenue Divisional Officer, Sangareddy, Sub- Divisional Police Officer, Ramachandrapuram, Executive Engineer, Irrigation, Sangareddy and others and they after making joint inspection gave joint inspection report dated 09.08.2007 as to the status as on that day to the effect that entire bed area within FTL zone pertains to patta land in S.Nos.324, 329, 328, 325, 327 and 342/2 to an extent of Ac.36.34gts and that out of the said extent, an approximate extent of Ac.20.00 was encroached with new dumped earth with a depth of 10mts. On the other hand, the petitioners’ counsel pointed out notification published in the A.P. Gazette whereunder granting permission for change of land use in lands in S.Nos.190, 322 (part), 323(part), 324(part), 329 and 330 of Ameenpur village to residential use by G.O.Ms.No.7 of Municipal Administration and Urban Development (I) Department, dated 03.01.2009. The petitioners’ counsel also filed report of Executive Engineer, I.B. Division, Sangareddy to the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Secunderabad dated 22.11.2008 to the effect that the area in S.Nos.324, 325, 327, 328, 329 and 342/2 to an extent of Ac.36.34gts which are said to have been coming within FTL area are at present as per the ground levels are 1 meter above FTL of Kothacheru of Ameenpur Village. It is further stated therein that Ac.11.39gts in S.No.324 and also the land in S.Nos.322 and 323 earlier shown as FTL by the joint inspection team were never covered in FTL and that the ground reality from the day of joint inspection on 09.08.2007 to 21.11.2008 is 1 meter above FTL. Along with the report dated 22.11.2008, the Executive Engineer, I.B. Division, Sangareddy enclosed cantour plan showing the same. It is further stated in that report that the present irrigation under the tanks of Peddacheruvu and Kotha Cheruvu is Ac.200 against the local area of Ac.770 and that the balance area has come up under development, both residential and commercial. In view of classification of the disputed lands in S.Nos.322, 323 and 324 as patta lands and not as shikkim lands and in view of permission given by the Government for change of user into residential zone and in view of the final report of the Executive Engineer, I.B. Division, Sangareddy to the effect that those lands are located 1metre above FTL of Kothacheru, prosecution of the petitioner for the offences under sections 430 and 427 I.P.C. is not in accordance with law. Taken the allegations in the charge sheet along with the connected records, I do not find any mischief committed by the petitioner/accused causing injury to the works of irrigation namely Kothacheru of Ameenpur village. 4. In the result, both the criminal petitions are allowed quashing proceedings in CC.Nos.311 of 2008 and 312 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 07.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.7128 of 2009 AND CRIMINAL PETITION No.7136 of 2009 DATED: 07.04.2011 ysk