VADDU RAMA PULLA REDDY Vs. STATE OF A.P., THROUGH SHO GADIVEMULA P.S., KURNOOL DISTRICTM REP. BY ITS PUBLIC PROSECUTOR

JUDGEMENT

(1.) Aggrieved by the promulgation order dt:03.02.2018 in Rc.B.33/2018 passed by the Mandal Executive Magistrate and Tahsildar, Gadivemula under Section 145(1) Cr.P.C, the petitioner filed the instant petition under Sec.482 Cr.P.C to quash the aforesaid order.

(2.) The case of the petitioner is that he is the absolute owner and possessor of the land admeasuring Ac.3-77 cents in Sy. No. 568 of Koratamaddi village, Gadvemula Mandal, Kurnool District, having purchased the same from its lawful owners through registered sale deed on 05.05.2007. There was an issue with regard to surrender of excess land by his vendor's husband/father by name Y.Suryanarayana Reddy, which was subject matter before Land Reforms Tribunal in LRA No. 36/1982 and by order dated 22.01.1983, the Land Reforms Tribunal declared that there is no excess land as decided by the original authority and to that effect, revenue proceedings were issued and later it was sold to the petitioner, whose name was mutated in the revenue records. The petitioner further submitted that when respondents 2 and 3 without any right tried to interfere with his land by damaging the crop, he filed suit in O.S. No. 521/2016 before the Principal Junior Civil Judge, Nandayal, seeking permanent injunction against respondents 2 and 3 herein and pending suit, initially temporary injunction was granted in I.A. No. 916/2016 on 03.08.2016 and the same was extended until further orders vide order dated 08.11.2016 in I.A. No. 2387/2016 which is subsisting as on today.

(3.) Heard arguments of Sri K. Rathanga Pani Reddy, learned counsel for petitioner and learned Addl. Public Prosecutor for the State (AP).