THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION Nos.5753 OF 2020, 8 OF 2021 AND

461 OF 2021

COMMON ORDER

Since all these three criminal petitions are filed seeking quashment of proceedings in C.C. No.12314 of 2020 pending before the learned XII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad (for short ‘Trial Court’), arising out of First Information Report (FIR) No.70 of 2020 on the file of Central Crime Station (CCS), Detective Department (DD), Hyderabad, with the consent of both sides, they are being disposed of by this common order.

2. Crl.P.No.5753 of 2020 is filed by Smt. M. Uma Devi W/o. M. Sivananda Reddy (A2), partner in U & A Infra Projects, to quash the proceedings in C.C. No.12314 of 2020.

3. Crl.P.No.8 of 2021 is filed by Mr. P. Arogyam Reddy S/o. Arlapa Reddy, M/s. U & A, Infra Projects i.e., A1 and A6 to quash the proceedings in C.C. No.12314 of 2020 pending before the Trial Court including further investigation in FIR No.70 of 2020.

4. Crl.P.No.461 of 2021 is filed by Mr. Mylaram Sattaiah S/o. Late M. Agamaiah, Mr. Mylaram Raju S/o. Late M. Gandaiah, Mr. Kalakolla Ashok S/o. K. Balaiah, i.e., A3 to A5 to quash the proceedings in C.C. No.12314 of 2020.

5. Crl.P.No.8 of 2021 is taken as lead case for disposal of these matters.

5.1 Brief facts in Crl.P.No.8 of 2021 are as under:

The case of the prosecution is that the de facto complainant lodged a complaint dated 24.06.2020 at 16:50 hours stating that on 12.11.1993, the Inspector General of Police, SSF requested to allot the land in Survey Nos.393/1 to 393/20 admeasuring Acs.142-39 guntas situated at Manchirevula Village, Gandipet Mandal, in favour of “Greyhounds” for the purpose of Operational training and a report was called from the Revenue Divisional Officer (RDO), Chevella Division on 03.11.1994. After inspection, it was found that the land was assigned to twenty (20) Scheduled Caste people (SC) by the then Tahsildar. The land is kept fallow and unfit for cultivation. The District Revenue Officer (DRO), Ranga Reddy (RR) District, took up the matter under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act 1317 Fasli (for short ‘the Land Revenue Act’) and issued show-cause notice to the assignees in File No.D1/275/1994 dated 28.03.1994 calling for explanation as to how the permission was granted for temporary occupation of Government land and why the subsequent Faisal Patti should not be cancelled. The DRO, RR District, after due enquiry, passed orders in File No.D1/275/1994 dated 15.09.1994 stating that he did not find any reasons to interfere with the orders of the Tahsildar, Hyderabad West, in respect of the land in Survey Nos.393/1 to 393/20 of Manchirevula Village, Rajendranagar Mandal, in assigning the land in favour of twenty (20) individuals. The District Collector, RR District, took up the matter under revision under Section 166-B of the Land Revenue Act and passed orders vide proceedings No.D1/81/95 dated 03.01.1995, suspending the orders of Tahsildar, Hyderabad West, in File No.A6/8526/20 and also the order of the DRO, RR District, in File No.D1/275/1994 dated 28.03.1994, pending further examination observing that the DRO, RR District, has not examined all the aspects in the case.

5.2 It is stated that one Mr. Mailaram Malkaiah and another preferred an appeal before the Commissioner of Land Revenue on 29.05.1995 for setting aside the orders of the District Collector, Ranga Reddy District, in Proceedings No.D1/81/95 dated 03.01.1995. The District Collector, Ranga Reddy District, vide Lr.No.D1/81/95 dated 31.07.1995 has requested the Government to ratify his action of suspending the orders of the Tahsildar and DRO. The Government vide Memo No.544- 1/Assn.III(3)/95-1 dated 09.10.1995 took up suo moto review of the order of the DRO as per Section 166-C of the Land Revenue Act. The Government after careful examination of the case issued the above Memo dated 09.10.1995 directing the District Collector, RR District