No. 6845 of 2011 · Andhra Pradesh High Court

This Criminal Petition under Section 482 Cr.P.C is filed to quash the proceedings in Crime No.42 of 2011 of Pedanandipadu Police Station, Guntur District, registered for the offences punishable under Sections 447 and 379 IPC and Section 3 (i) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and quash the same.

Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondents.

Learned counsel for the petitioner submits that as per the inventory, there was no Survey No.45-6A and only 45-C was shown as tank. But, the said inventory does not bear the date. There are several sub-divisions pertaining to other survey numbers and it cannot be said that there was no sub-division made in respect of Survey No.45-6A. Hence, that being the case, Survey No.45-6A also would be a tank. Unless the trial of the case is taken up, the real facts would not come to light. The learned counsel also placed

reliance on a ruling of this Court in W.P.No.15595 of 2006. But, in my view, the said ruling does not help the case of the petitioner. Similar case was dealt with by the Apex Court in Intellectuals Forum, Tirupathi v. State of A.P. and others1, wherein the Apex Court observed that tank is a communal property and State authorities are trustees to hold and manage such properties for benefits of community and it cannot be allowed to commit any act 1 AIR 2006 Supreme Court 1350 2 or omission, which will infringe right of a community, and alienate property to any other person or body.

Learned counsel for the petitioner basing on the judgment in W.P.No.15595 of 2006 contended that the contention of the complainant that the land was allotted to her is false. Whatever be the claim of the complainant, the fact remains that the land is a Government tank and the allegations against the petitioner are that he dug the said tank and has transported manure from the said tank. Hence, unless the trial is conducted, the real facts would not come to light. Therefore, the criminal petition is liable to be dismissed.

Accordingly, the Criminal Petition dismissed. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. AUGUST 20, 2018 YVL _____________ T.RAJANI, J 3 SMT JUSTICE T.RAJANI CRIMINAL PETITON No.6845 OF 2011 YVL Date: 20.08.2018