CHINTALA GALIMALLAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this petition under Section 482 Cr.P.C., the petitioner requests this court to quash the proceedings in C.C. No.76 of 1999 pending on the file of the Judicial I Class Magistrate, Janagaon, for the alleged offences punishable under Sections 447 I.P.C. and Section 3 (1) of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977.

(2.) The allegations in the charge sheet are as follows: The Government allotted a house plot measuring 190 Square yards in S. No.53/1, vide Plot No.138 under assignment to one Chinthalagalli Mallaiah of Jangaon as he is a houseless poor and delivered possession to him. As per the assignment rules, the said assigned land shall not be transferred to any person and in the event of any such transfer, both the seller and the purchaser are liable to be punished. It is further alleged that the petitioner having knowledge about the said Rule, "purchased the said assigned plot from the said beneficiary, trespassed into the assigned plot and also constructed a house therein without obtaining any licence from the authorities concerned." On coming to know about the illegal trespass of the petitioner into the assigned land in question, one Mr. Mohd. Latheef Shareef, the Village Administrative Officer, Janagaon, (L.W.2) on the instructions of Sri A. Rajeshwar Reddy, Mandal Revenue Officer, Janagaon (L.W.1), visited the land in question and directed the petitioner not to make any construction thereon. But, it is further alleged that, the petitioner without caring for his words, carried on the construction. It is stated that the offence took place prior to 12-2-1999. Therefore, on the basis of a complaint lodged by L.W.1, a case in Crime No.18 of 1999 was registered against the petitioner. The police conducted investigation into the case and after completion of the same, they filed charge sheet for the offences punishable under Section 447 I.P.C. and Section 3 (1) of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.