IMPORTANT POINT
The court quashed criminal proceedings as the allegations did not constitute a criminal offence but were civil in nature, emphasizing the abuse of process of law.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973[for short ‘Cr.P.C’] has been filed by the Petitioner/Accused, seeking to quash the proceedings against him in Crime No.48 of 2020 on the file of New Port Police Station, Visakhapatnam for the offence punishable under Sections 468, 471 and 420 of Indian Penal Code,1860[for short ‘IPC’].

2. The facts of the case, in brief, are as follows:

a. Respondent No.2 filed the present complaint against the Petitioner alleging that one Maturi Lakshmi submitted a representation to him stating that the Petitioner/Accused created fake documents in respect of the land in Sy.No.82 and sold to Lingala Ravanamma in the year 2013 and obtained patta under G.O.No.301. She further stated that basing on her complaint, Zonal Commissioner, Gajuwaka informed that the D.No.14-9-4/2 belongs to cement shop in front of Marvel School, BC Road but does not belong to shed.

b. She further stated that the Petitioner/Accused misled the Revenue Authorities and obtained regularization proceedings under G.O.No.301 and requested to cancel the patta issued to the Petitioner. Though the Petitioner/Accused was called for his explanation by sending notice, he did not submit his explanation within the prescribed period.

c. As per the recommendation of the Village Revenue Officer, Respondent No.2 submitted a proposal to the Revenue Divisional Officer, Visakhapatnam with a recommendation to cancel the regularization proceedings in Rc.No.823/2016/A, dated 12.10.2018 issued to the Petitioner/Accused and filed the present complaint to take necessary action against the Petitioner.

Grounds for quashment:

3. Aggrieved by the registration of the case against him, Petitioner/Accused filed the present petition seeking quashment of the proceedings against him on the following grounds:

a. Petitioner/Accused is the title holder and has been in peaceful possession and enjoyment of the subject land admeasuring 1572 square yards in Sy.No.82 of Gajuwaka Mandal, Visakhapatnam District.

b. Petitioner along with one B.Subba Rao have been granted Ryotwari pattas in 1985 in accordance with Section 4 of A.P.Inams Abolition and Conversion into Ryotwari Act, 1956 and in tune with Rule 7, the Ryotwari patta was granted to each of them on 21.11.1985. Thereafter, the Municipal Authorities have granted permission for layout and for construction of residential buildings.

c. It is stated that the Special Deputy Tahsildar(Inams), Visakhapatnam issued proceedings dated 30.11.1978 after conducting suo-moto enquiry, wherein, a patta was granted to the tenant to an extent of Ac.8.99 cents. It is a patta land. Respondent No.1, on the instructions of R.D.O and collector had issued proceedings on 06.07.2013 stating that the subject property is a Government land.

d. The R.D.O and the Collector, after conducting enquiry, declared that the possession of various properties in Sy.No.82 particularly the share of 1572 square yards is a patta land. Respondent No.2 issued proceedings directing the Petitioner/Accused to appear for enquiry and for verification of documents on 16.07.2014. The land in Sy.No.82, which is situated in Gajuwaka Village is a Government land. Till the disposal of W.P.No.6689 of 2003, the land in Sy.No.82 of Gajuwaka Village will be treated as “No Man Land”.

e. Petitioner/Accused was being threatened to be dispossessed from his properties situated in Sy.No.82. Aggrieved thereby, Petitioner/Accused filed W.P.No.23959 of 2014 before this Court, wherein, directions have been given to maintain status-quo by both sides relating to survey of land in Sy.No.82.

f. It is further stated that Respondent No.1 addressed a letter to Respondent No.2 on 25.06.2019 to deputy staff for conducting the survey. The said letter discloses that Maturi Lakshmi had purchased 600 square yards of vacant site in Sy.No.82 from one Nalamati Dorayya in the year 1991.

g. On 31.05.2019 P.Ramarao and his workers entered into the site