Criminal Petition No. 11596 of 2015 · The High Court · 2025

2. Smt. Ga:ga E;ai @ Savitri Devi Panuma! Notani, D/o late J ass i Bai, Aged about 71 years, Occ Sanratha c ;ion',, Raipur, Chatheesgad State V'/lo Siri P,anumal Nothani Fic,"rs,: w,'e, Resident of

3. Smt. Charri:ra Devi partaprai l/otwani, Wo Part;i,ra Jassi, Alyeil a lrut 69 years, Occ House wife, Resident Raipur. ()h rat i::Earh State. l\,4c tr,rani D/o Late of !aratha colony,

4. Smt. lndir: ,-z:i anrdass Notani, Wo Jairamdas Noiani Dlo late Jassi Bai, Aged abrut 15 I years, Occ: House wife, Resident cf Radl-ra.;vrami Satsang, Gandhr l.larl ,' i,:holhapur, Maharastra. (A-5)

5. Gulsan l\,1( trla I Poptani. S/o Motilal Business, 1r:; rlent of Plot No.387, State. Poptani, Agerl abot-t 23 years, Occ Jan Patka, l.:ho1l apu , Maharasthtra 6 Ameth l\'lo irar roptani, S/o Motilal Poptani, Agec Business, Fles c3nt of PIot No.3B7. Jari Patka, Nagpur abtut 2[ years, Occ ll:rhiir rs htra State. AND .1 2 Tre Stalr; :i.ri f'. Rep by its Public Prcsecutor, High cou,i :rt -'l,rderabad S.Haniin-arth Ranga R,:d 1'7 i,:cidy, Deputy Collector and Tahsildar iiaj-.ndr arragar Mandal, i strict. PETITIOI'IER/ACCUSED ...RESPONDEN-S,'R E SPONDENTS Petition ,n:er Section 482 of Cr.P.C praying that rn the circumstances stated in the [v]e'rcr:rlum of Grounds of Criminai Petition iile H g I 3ourt may be pieased to ca; ',:.r 'l-, ) records to the proceedings in C.C.Nic.87 of 1C15 on the file cf the XXllr tr'letr r:;olitan Magistrate, Cyberabad ar Rrtje'n lranagar (Old C.C.No.824 af .-i)1'.) i n the file of the Vlll liletropolian N4;:.;rstra:e ilyberabad at Rajendranagar- r i :, ) ,)uash the same. l.A. NO: 2 OF 2l 111lrl8 LPMP. NO: 684 OF 2017) Petition un j:r :jection 482 of Cr.P.C praying that rn the circumstances stated in the lvle nr:r'ar lunt of Grounds of Criminal Petition. rhe Higlr rlourt may be pleased to grar I l1:r / oi ail further proceedings including tire app.)itrance of the petitioner in C (l l"l c l ' of 2015 on the file of the XXlll i\.I€trc poti.a i tulagistrate, C-vberabad at llaie-rjranagar (Old C.C.No.824 of 2013 on hei il: of the Vlll lvletropolrtan I;izrg sii'.1: Cyberabad at Rajendranagar), pendtng riir;posal of the Criminal Petitior l'his Peti:icn r:oming on for hearing,upon perusin!i th(., Grounds of Crir"irra f)etition and upon hearing the argunrent:; iV,rrrorandum of of Sri T Srikanth \ Reddy, Advocate for the Petitioner and Sri E Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: COMMON ORDER ..f +j5 i i i I I I I I I ! I , THE HON'BLE SRI JUSTICE E.V.VENUGOPAT CRIMINAL P I:'TITION NOs.11596 of 2015 & 719 O F 2OL7 COMMON ORDT|FI: 1 Since troth ttrese criminal petitions are filed by lhe p,:titioners (who are ac(:ur;ec lrlo.9 in Crl.P.No.11596 of 2015 and ;rcr:ust# Nos,1, 3 to 7 in Crl.P,No.7l9 of 2017) seeking to quash the llrrxe:dings in C.C.No.87 ot 20 tli pending on the file of the Courl of the XXIII Metropolitan l'1 :r;istrate, Cyberabad at Rajendrana g lr (Old C.C.No.824 of 2C13 on the file of the Court of the VIII M,:lropolitan Magistrate, Ctr'be r,lbad at Rajendrangar) both these per-il.ions are disposed of try th s common order. 2 The grrvarr e n of the charge sheet is as follotls: (a) The D,:put,r' Collector & Tahsildar, Rajendranagtrr lviandal, the second resporrde nt herein in both the criminal petitions lodged a complaint s':atinr; that the land bearing Sy.No..324, ;rclnteasuring Ac.12-31 guntas; crf Puppalaguda village, was originally an evacuee property unrle- the custody of custodian of Evacuee prop,'trties. One Smt. Jassi B;:i was a displaced person. She was initialll allrrtted lands I i { 2 in Suruey numbers 278, 283,310, 311, 3t8,329, 321, 323, 324,337 and 345, total admeasuring Ac.150-15 guntas of Puppalaguda village by Regional Settlement Commissioner, Bombay, under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 by allotment order dated 02.8.1963. (b) Subsequently, by order dated 06.01.1964, vide proceedings No.RSC (B)/Land I Hyd, the Regional Settlement Commissioner deleted Sy.Nos.324 and 345 of Puppalaguda village from the allotment made to Smt. Jassi Bai. Thereafter, by another order dated

15.3.1965, vlde proceedings No.RSC (B) Land/Hyd-441784284, the Regional Settlement Commissioner, Bombay, deleted Sy.Nos.278 and 283 of Puppalaguda village also from the allotment made to Smt. lassi Bai. By said deletions, the actual land stood allotted by the final order dated 15.3.1965 was only Ac.94-31 guntas comprising of Sy.Nos.310, 311, 318, 319, 32L, 323 and 337 of Puppalaguda village. Accordingly, Sanad was issued to Smt. lassi Bai by the Government of India through Managing Officer, Bombay on 15.3.1966 to the extent of said Ac,94-31 guntas delivered by the then Tahsildar, Hyderabad West Taluk to Satish Chander M,at!k, wlp was the .', : ../; )J I I : ! I ; t i I i t t I I I I i t ! registered power of attorney of Smt' Jassi Bai,'ride Ci'l:''A' dated

07.5.1963registerr:dasdocumentNo.1594i1963on.l1.111963,in the office of the Sub-Registrar, Mumbai. Accordingly th": name of lassi Bai wa:; rlul'/ entered as pattedar in respect'of Ar:'94 31 guntas in Sy.Nos.3l0, 311, 318, 319, 321,323 and 337 ol' Pr-ppalaguda village, whicr shr: has alienated through her GPA hold,:r irr favour of Smt. Laxmi Natar.rja Iyer and A'N.Sunder Rajan thror-tgh registered sale deed drrterd 31.5.1967 bearing document No.997l196/ and said alienation was; culy validated by the then Tahsildar of Hyderabad WestTalukrlnr]elrsection50(B)ofA.P.(T.A)Telrzrncyand Agricultural Lands Act, 1950, by order dated rl1'10'1971 in proceedings ltct.A4l3272ll97l. By virtue of said alienatlon the allottee Sm':, Ja;s;i Bai was not holding any lands irr Prttrpalaguda village. (c)Whileso,'hepetitioners,withoutanymannerrlfrrErt,falsely claiming to be cuvners and legal heirs of late.lassi B;:i executed registered ilorecr.rent of sale-cum-G.P.A dated 03.{).ilOll bearing document \o.U:'10 of 2007 in favour of third perrtier; with the connivanqe of orte Kommu Rajesh S/o Abineshwar Ra: whtl acted 4s .\ -- .\^ r I I : ; I I I 4 one of the attesting witnesses to the said document. It was fufther noticed that the said Kommu Rajesh, by obtaining GPA from five of the above named petitioners filed W.P.No.208 of 2010 against the Tahsildar, Rajendranagar and others wherein he claimed that late Jassi Bai was allotted Ac.94-31 guntas of land in Sy.Nos.310, 311,318, 3L9,321,323 and 337 of Puppalaguda village. 3 The allegation of the second respondent herein is that the said lassi Bai was not allotted any land in Sy.No.324 of Puppalaguda village, as such the petitioners even assuming to be her legal heirs, did not acquire any right or entitlement over the said land as her legal heirs. The said land became Government land by virtue of its transfer to the State Government by the Central Government under a package in the year 1980 and he is the custodian of the said land as Deputy Collector & Tahsildar, Rajendranagar Mandal. Hence the complaint basing on whlch a case in Cr.No.28 of 2010 was registered for the offences punishable under Sections 420, 468 and 471 rlw 34 of IPC and investigated into and after completion of investigation charge sheet was filed before the Court of the learned )(XIII Metropolitan Magistrate, Cyberabad at Rajendranagar, which was taken on file as C.C.No.824 of 2013, whicl'1 / I I I i i i i I i I l l 5 was subsequentl) renumbered as C.C.No.87 of 2015' 't\:; stated supra, seeking tc' quash the said proceedings the accused \o'9 filed Crl.P.No.11596 of 2015 and accused Nos.1,3 to 7 filec C:rl.t'.No.719 of 2017. 4 Sri LNR Raiershwar Rao, learned counsel apperrinq for the petitioner in Crim nal Petition No.11596 of 2015 contenderJ that the petitioner - l\.9 pu'chased the land to an extent of Ac 1.2-l,Z guntas in Sy.No.324 o'' Pltpalaguda village, for valuable considerittion form the legal heirs o' the original allottee Smt. lassl Bai antl that the petitioner in physic:al possession of the land. He futrer slbmitted that the Goi'ernntt:nt of Andhra Pradesh issued a nctific'alion vide G.O.Ms.No.1r)92 clated 06.6.2005 notirying the sutrjecl land as Government la'rci cn an application made by the petiticner - A.9 and two others ancl tlte: same was denotified vide G.O'f4s.|Jo.1951 dated

19.11.2005:;t;rtirg that the said land is a private larrd, 1'-'further submitted that thre entries In the revenue records and the r:ports of the MRO artd RD,O would show that the land in S'y.Nr.324 of Puppalaguda villag: is a patta land and hence the seco'td tespondent herein filed lhr: ,::rnplaint without having thorough knrlwlerdge. It is 6 further contended that the petitioner is a bona fide purchaser of the Iand in Sy.No.324 of Puppalaguda village and that the petitioner after perusing the link documents only purchased the subject land. 5 Sri T.Srikanth Reddy, learned counsel for the petitioners in Criminal Petition No.719 of 2017 submitted that the petitioners - A.1, A.3 to A.7 submitted that the sale-cum-GPA was executed by the petitioners under the bona fide belief that the subject propety actually belongs to them and that there is no fraudulent or dishonest intention. He further submitted that it is not within the knowledge of the petitioners that the land in Sy.No.324 of Puppalaguda village was I deleted from the first allotment order since while deleting the property from the allotment letter it is the duty of the officials to give prior notice to the concerned persons. It is further submitted that the Government of Andhra Pradesh issued a notification vide G.O.Ms.No.1092 dated 06.6.2005 notiffing the subject land as Government land on an application made by the petitioner - A.9 and two others and the same was denotified vide G.O.Ms.No.1961 dated

19.11.2005 stating that the said land is a private land. He further submitted that the entries in the revenue records and the reports ol I \ 7 the MRO arrd RDO would show that the land in Srl.\,1.324 of Puppalaguda vllaJr: is a patta land and hence the secorrd r,3l;pondent herein filed tre cc,nrplaint without having thorough knolvlecge. 6 On the othrrr hand, Mr. E.Ganesh, the learned Assls:ant Public Prosecutor sutrmtl.ed that since by order dated 06.01..9'64, vide proceedings I\o.1iC (B)/Land I Hyd, the Region,al :St:ttlement Commlssione r dele:ted Sy.Nos.324 and 345 of Puppalagtrda village from the allotmert made to Smt. lassi Bai and thereaft:r, lt1'another order dated 15.1,1965, vide proceedings No.RSC (B) :rnd/Hyd- 441184284, thel Regional Settlement Commissioner, Bomb;ry, deleted Sy.Nos.278 ;rnrl .l[13 of Puppalaguda village also from the i:llotment made to Smt. lassi Bai, the said Jassi Bai was not havirrg trny land in Sy.No.324 ol' F'ut,palaguda village as the said land was ri:s.umed to the Governnent Nlay the petitioners be the legal represertatives or legal heirs of J.r;:;i Bai, but since the said land wa; rr:sumed or revoked to Lry th: Government, the petitioners have ncr 'ranner of right, title or any e rthority to make any alienations or trans,a:tions on the lands s:atec supra. Hence they are liable for thrl charged offences. 1r l I t B 7 Having gone through the entire material available on record, this Court is of the considered view that inasmuch as the Government by order dated 06.01.1964, vide proceedings No.RSC (B)/Land / Hyd, the Regional Settlement Commissioner deleted'Sy.Nos.324 and 345 of Puppalaguda village from the allotment made to Smt. Jassi Bai and thereafter, by another order dated 15.3.1965, vide proceedings No.RSC (B) LandlHyd-441184284, the Regional Settlement Commissioner, Bombay, deleted Sy.Nos.278 and 283 of Puppalaguda village also from the allotment made to Smt. Jassi Bai, the said Jassi Bai was not having any land in Sy.No.324 of Puppalaguda village as the said land was resumed to the Government. So also, Jassi Bai alienated Ac.94.31 guntas in Sy.Nos.310, 311, 318, 319, 32L, 323 and 337 of Puppalaguda village through her GPA holder in favour of Smt. Laxmi Nataraja Iyer and A.N.Sunder Rajan through registered sale deed dated 31.5.1967 bearing document No.99711967 and said alienation was duly validated by the then Tahsildar of Hyderabad West Taluk under section 50 (B) of A.P. (T.A) Tenancy and Agricultural Lands Act, 1950, by order dated 01.10.1971 in ... .-proceedirlqs_No.A4l32721 L97t. By viftue of said alienation the i ,ffi. 9 allottee Smt. .tass Bai was not holding any lands ir puppalaguda village. wl-ethe- the petitioners have knowredge atour the said cancellation of all,rr:ment to Jassi Bai or alienation of thr: riar.,c by Jassi Bai through hr:r GpA or not has to be decided by the lral Couft during the c.urse ,f triar and this Court cannot usurp the j-rrisdiction of the trial (lourt on that aspect. This court whire exerr:ising its inherent powers rrrrder section 4g2 Cr.p.C. cannol. intrudr,l into the factual matrir of tlre case. B Hence, for the above reasons, I see no ground to <1uash the proceedings ;lg,ains1: the petitioners. Accordingly these tw. criminal petitions are dismi ;s;ed. 9 As a sequel, rniscellaneous petitions, if any, penrJing in these two petitions l;h,rll a so stand dismissed. //TRUE COPY// To, SD/. L LAKIiIIMI BABU DEPU'IY F EGISTRAR I SECTiC N OFF|CER

1. The Vlll Met opirii an lrrlagistrate, Cyberabad at Rajendranagar 2- The station llo,rse l)fficer, Narsingi Police Station. Cyberabad 3. Two CCs to rre Fr ri)lr.: Prosecutor. High Court for the State r>f 1 9n* CC to S I ,.i F Rajeshiruer Rao, Advocate [OpUC] 5. One CC to S -. tj i ianth Reddy, Advocate [OpUC] 6. Two CD Cop es Hycierabad (JLl'1-) 'fe:lerngana At)K/PSL HIGH COURT DATE D : 2 t; I t\12ti2425 COMMON O[i OER CRLP.Nos;" l'1596 of 2015 AND 719 OF 201'7 I //a /i'J t) \.-; \ /,'. ,47,'t t i{E S14 (s( z .9 0 5 ;ui; ?E?5 .<,,. ..\ - .\,j r. :SPATCHEO I DISMISSI}dG HE BOTH CRLPS L N,\ 'i- ) ,1 L