Court ruled that expired proceedings under Section 145 Cr.P.C. invalidate restrictions on land access, allowing petitioners to seek remedies for land disputes.

ORDER :

B Krishna Mohan, J.

Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the 5^th respondent.

2. This writ petition was filed questioning the action of the 4^th respondent in his capacity as Mandal Executive Magistrate, Puttaparthy passing orders vide proceedings No.MC.No.72/2022-C dated 28.07.2022 in respect of the land in Sy.No.1 to an extent of Ac.0.50 cents out of Ac.683.56 (Konda) without taking into consideration of the long possession of the petitioners for the last 20 years and passed the orders unilaterally without issuing any prior notice.

3. The learned counsel for the petitioners submits that, the Section 145 Cr.P.C. proceedings issued by the 4^th respondent dated 28.07.2022 restraining the petitioners and the 5^th respondent from entering upon a disputed land in Sy.No.1 to an extent of Ac.0.50 cents out of Ac.683.56 cents (Konda) of Vengalammacheruvu village of Puttaparthy Mandal until further orders to avoid law and order problems was already expired by 27.01.2023 as six months period has been lapsed. Thereafter, there is no extension of the same. However, he contends that under the guise of the above said Cr.P.C. proceedings, the petitioners are prevented from entering into their land in an extent of Ac.2.70 cents in Sy.No.13 situated at Vengalammacheruvu village of Puttaparthy Mandal and as such the petitioners are being deprived of their legal operations at the instance of the 5^th respondent in collusion with the local revenue officials.

4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4^th respondent dated 03.12.2025 submits that, as per RSR of Vengalammacheruvu village, Puttaparthy Mandal, the land in Sy.No.1 in an extent of Ac.1810.31 cents is classified as GU Konda. Out of Ac.1810.31 cents at present Ac.683.56 cents is available and earmarked as Konda in adangal. The then Sub Inspector of Police, Puttaparthi Rural Police Station has informed through letter dated 21.07.2022 that the petitioners are having Ac.2.70 cents of land in Sy.No.13 in Vengalammacheruvu village fields and the said land is situated beside the check dam. There is a government land situated by the side of the petitioners’ land. Hence, every year some part of the government land was cleaned and in total about Ac.0.50 cents of land was occupied by the petitioners which is not assigned and the petitioners raised crops in the said land. The 5^th respondent aged about 68 years who is none other than the elder brother of the 1^st petitioner tried to occupy the said land with highhanded behavior. Apprehending the serious law and order problem, the then Sub-Inspector of Police requested the 4^th respondent to initiate Section 145 Cr.P.C. proceedings and accordingly, the same was issued by the MC.No.72/2022-C, dated 28.07.2022 restraining both the parties that the petitioners and the 5^th respondent from entering into the disputed land in an extent of Ac.0.50 cents in Sy.No.1 out of Ac.683.56 (Konda) of Vengalammacheruvu village, Puttaparthi Mandal, Sri Sathya Sai District until further orders to avoid law and order problems.

5. Be that as it may, Ms. Botta Aruna, learned counsel appearing for the 5^th respondent relying upon the counter of the 5^th respondent submits that, the 5^th respondent is already having land in Sy.No.920, 921/2 and 919/2 in total to an extent Ac.4.42 cents and there is no need for the 5^th respondent to enter or create dispute with reference to the government land as contended by the learned Assistant Government Pleader relying upon the above said instructions of the 4^th respondent dated 03.12.2025