G. RAMESH BABU Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure 1973, is filed to quash the order passed in Roc.G/1497/15, dtd. 5/6/2015, which is promulgated under Sec. 145 of Code of Criminal Procedure, in respect of the lands to an extent of Ac.12.40 cents in Sy.No.376; an extent of Ac.17.18 cents in Sy.No.377 and an extent of Ac.6.76 cents in Sy.No.370 of Avilala Village, Tirupati Rural Mandal.

(2.) The impugned order dtd. 5/6/2015 reveals that the President, Taxi Drivers Association, Tirupati has represented that about 100 taxi drivers have constructed houses in Sy.No.377 of Avilala Village about 30 years ago and all the houses were assessed by the Vedanthapuram Gram Panchayat and have obtained electricity service connection to those houses and they were also given with voter identity cards, ration cards, aadhar cards and they have filed W.P.No.27705 of 1995 before this Court and this Court directed not to dispossess them except under due process of law. But, on 28/4/2015 at about 11.00 a.m., about 100 unruly elements headed by Sri S.C.V. Naidu tried to demolish the houses which was objected and thereby they the taxi drivers were assaulted and they sustained bleeding injuries and that they were also threatened by stating that they will come again in the midnight to attack and as such the said President of Taxi Drivers' Association requested the Superintendent of Police, Tirupathi to save them and on that the Superintendent of Police after verification addressed the District Collector, Chittoor stating that there is any chance of breach of peace in the locality and thereby the District Collector, Chitoor directed the Revenue Divisional Officer, Tirupathi to promulgate orders under Sec. 145 Cr.P.C. prohibiting the entry and occupation of the lands bearing Survey Nos.376 to an extent of Ac.12.40 cents in Sy.No.376; an extent of Ac.17.18 cents in Sy.No.377 and an extent of Ac.6.76 cents in Sy.No.370 of Avilala Village, Tirupati Rural Mandal by both parties and their men until further orders.

(3.) Heard the learned counsel for the petitioner and the learned Special Assistant Public Prosecutor. Perused the material on record.