The court upheld the Executive Magistrate's jurisdiction under Section 147 Cr.P.C. to maintain public order without adjudicating property title amid pending civil litigation.

JUDGMENT/ORDER :

The instant petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), has been filed by the petitioner seeking to quash the Order dated 16.12.2021 passed in MC No.217 of 2021 under Section 147 Cr.P.C., by the learned Mandal Executive Magistrate, Nuzvid.

2. The facts that led to filing of the present petition, in brief, are as follows :

(a) On 07.12.2021, respondent No.2 herein addressed a letter to the Tahsildar-cum-Mandal Executive Magistrate, Nuzvid Mandal, Nuzvid stating that the Deputy Executive Engineer, Construction Sub-Division-III, Gunadala, Vijayawada lodged a complaint with him on 01.12.2021 alleging that A.P. TRANSCO got approval for erection of 132/33 KV Sub-Station in a land of an extent of Acs.6.07 cents in RS Nos.469/2 and 492/2 situated at Digavalli Village alongwith connected lines for providing 9 hours agriculture power supply in day time to the farmers and A.P. TRANSCO acquired the said land by paying requisite compensation to the land owners and got it registered in its name with rights to use the common approach road of 15 feet from the existing R&B BT Road upto the sub-station. It was further in the said complaint that the petitioner herein, who is the owner of the adjacent land alongwith his son willfully blocked the approached road and obstructed the movements of the men and material into the sub-station site.

(b) Based on the said complaint, when respondent No.2 summoned and questioned the petitioner and his son, they stated that the approach road leads to their agricultural fields and the owner, who sold the said land to A.P. TRANSCO has no rights to pass on the said approach road.

(c) As there was possibility of arising Law & Order problem at Digavalli Village, respondent No.2 requested the Tahsildar, Nuzvid to take appropriate steps to prevent untoward incidents.

(d) On receipt of the said letter, The Mandal Executive Magistrate, Nuzvid issued a notice dated 07.12.2021 to respondent Nos.2 and 3 herein and petitioner and his sons to appear before him within seven days from the date of receipt of the said notice and to submit their objections and documents.

(e) Having received the said notice, petitioner herein and his sons filed a counter submitting that their properties are situated in RS Nos.492/3 and 469/3 and they have no landed properties in RS Nos.462/3 and 492/2 of Digavalli Village and they never interfered in the said lands; that respondent No.3 herein and his vendors have been interfering with their possession and enjoyment of their property and trying to lay a new road alongwith the eastern boundary of their land without any right. It is further submitted that as they are unable to resist the highhanded acts of respondent No.3 herein and his vendors, petitioner herein filed a suit in OS No.392 of 2021 on the file of the Court of I Additional Junior Civil Judge, Nuzvid against them for permanent injunction and also filed IA No.177 of 2021 therein and the same are pending enquiry.

(f) On considering the report submitted by the V.R.O., Digavalli and on perusing the satellite images of A.P. Satellite Application Center and Google Earth Images, having found that, the way has been existing for so many years to the lands which have been under possession and enjoyment of A.P. TRANSCO and the petitioner herein and his sons are trying to obstruct the same, the learned Mandal Executive Magistra