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1998 Supreme(AP) 407

A.HANUMANTHU, D.REDDAPPA REDDY
Bheeravolu Madan Mohan Reddy – Appellant
Versus
Sub-Divisional Magistrate and Revenue Divisional Officer, Polancha, Khammam Dist – Respondent


A. HANUMANTHU, J.

( 1 ) THIS petition has been filed under Section 482 Cr. P. C. to call for the records relating to the proceedings in RC. No. E/2359/96 dated 28-6-1996 initiated under Section 145 Cr. P. C. by the first respondent i. e. Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Paloncha, Khammam District and to quash the same.

( 2 ) THE impugned proceedings relate to the possession of the lands in survey numbers 454/23/72/1, 454/23/72/3, 454/23/73/1, 454/ 23/73/3 total extent nearly Acs. 30. 00 situate at Gandugulapalli, hamlet of Nagupalli of Dammapeta Mandal, Khammam District, which is in tribal area. Under the impugned proceedings said to have been passed under sub-sections (1), (4), and (6) of Section 145 Cr. PC, the first respondent declared that 30 tribals mentioned in that order are in possession of the said lands and entitled to retain such possession until ousted by due course of law and forbid any disturbance of their possession in the meantime by the petitioner Madan Mohan Reddy. Challenging the said order of the first respondent, the petitioner has filed this application.

( 3 ) SRI S. Lakshma Reddy, learned Counsel for the petitioner made the following








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