The High Court · 2025

Order

This Criminai Petition is filed under S i rtion 528 of the Bharatil,a Nagarik Suraksha Sanhita (for : hort 'BNSS) by petilioner/ accused to quash the proceedir gs in Crime (FIR) No.592 of 2024 on the file of Vemulawad: To'"vn Police Station, Iiaja.nna Sircilla District registert:cl lor offence under Section 42O of lPC vide FIR dated 05.11. 102.+

2. l{card Mr. V.V.Ramana Rao, learned counsel for petitioner/ accused, learned Additional Advcc ate General for respondenl No.1-State and Mr. A.P,Sl rresh Rnm, lear-ned counsel appearing independently for the officer, rvithout tl-r ere being a vakalat. Learned Ser ior Counsel Avinash Dcsai is appointed as arrrlcus

3. This case has a chequcrcd historl, Lis Court is conscious ol the fact that a contempt CASC IS pending before this High Court for non compliance rf orders in W.P.No.31271 of 2016 and a Writ Appr: Ll preferred challenginq the ordcrs in writ petition as on clzr. e 1 3 ('.1 P ,\o 155Ot o{ 2a-4 ' f I

4. It is submitted b-v lt:arned counscl for petitioner/ accused that house bearing No.7_13 (H.No.4_32/t), at Anupuram Village, u,as acquired by Government in 2004, compensation u,as paid, but her narnc \\:as not shown in the list of project displaced families. Thar, she filed W.P.No.3127 l of 2C16 in the High Court and the High Court bv order dated 02-11 2()23 hcld that hcr fam il,v comes undcr ther dcfir-rition ol ,.projcr:t Displaccd Famil1,.,,. It is further submittcd that_ for non compliance of the order(s) of High Court, she filed a contempt case bearing No.1937 of 2024 (filed on 19.O9.2024), pcnding on the file of the High Court as on date. It is also submitted that a Writ Appeal bearing No.68B of 2024 (filed or-r 06.06.2024;, was preferred against the order in W.p.Nc.3127l of 2016. no interim orders n,ere granted in the Writ Appeal, which is pending on the file of this Court.

5. It is submitted that, suppressing all these facts, respondent No.2 herein, who's not a party to the writ petition and the contempt case, on the basis of letters of the office of Coltector & RDO, Rajanna Sircilla Districr, 4 .i.1d,.1 t ) No 15;A a ol )a).1 Iodged a complaint against the petitioner, ,he ground

that petitior-re r misguided Lhe High Court and . rtained the order(s). It is fr-Lrther submitted that the Irgh Courrt, dcclarcd thc pctitroncr, "as eLtgtble to receiut Lrc bene.fits under the R,$R Policq and petitioner's family u,('. a separate JomiLg as per G.O Ms.No.6B, I & CAD (PW.L r\ /y R & R/ Deparltnen.t, rlated 08.04.2OO5, ctnd directed rt: condents to trrclud.e narrLc of petitioner tn beneJiciary ii; of Project Displaced l: c'rnilies. "

6. [t is pointecl out that the responder-rts i ' ., Collector and RDO ir-r [hc ra,rit petition, instead of corr-plying r,r'ith the directions of the Court, initiated t I : criminai pr'ocecclings bv acldrcssing letters to thc officc r I Tahsilclar Tl-rat, the 'lahsildar, Vemulawada, addr,:;sed letter No.E /992 12024, dated 05.11.2024 (annexed at page No.8), to the Statron House Officer, Police Station \/:rnulaq,ada, to book a case against petitioner/ accused. 11 i contended that respondent No.2 has lodged the compl .int on the instigation ol- official respondenLs (Collector ri rd RDO) 5 JAK,.I C.l t' 1o )5507 ol2021 W.P.No.3127l of 2016 to withdrarv the contempt case and hence, is an abuse of process of law.

7. It is submitted that the acr ol the Tahsildar in liling a complaint and initrating criminal procccdings against the petrtroner are improper and the proceerirngs in Crime (FIR) No.592 of 2024 be quashed.

8. Narration of Events: A writ petition bearing No.3 i271 of 2016 l,r,as fiied, this Court allou,ed the r,vrit petition vicle ordcr dated

22.11.2023. For non-compliance of ordcrs in writ petition, C.C.No. 1937 ol 2024 came to be iiled (fiicd on lg.Og.2O24l, .a writ appeal bearing No.6B8 of 2024 r ,as preferred (filed on 06.06.2024), no interim orders were passed in the '"vrit appeal. Pending writ appeal and contempt case, Criminal Proceedings were initiated on the ground that the writ petitioner (Petitioner/ accused herein) obtained the order in writ petition on the ground that she has rrislead the Court, (in fact this issue is to be considercd b.'y this High Court in the writ appeal which is pending, if thc said ground is 6 ,Jl\K, J a .t.\a.: s507 .f 2024 raised) . The follor'ving events lead to the f i. ng of the criminal petition

9. Pe titioner / ar:cused hcrein filed a u'rit pet t on bcaring No.31 271 of 20 t 6 rvith the follorving prayer " .to rssue a u'rit. order or direction r ore particulzrrl,v one in the nature of Writ of Malcl:u rus declaring thc action of the respondents for ron inclu sion ol petitioner's name in Project Disp : :ed F:rmilies benefirciary List of Anupuram Vi I tgc, \remulau'aclzr Mar-rdal, Karimnagar District whi: r is coming undcr submergence of Mid Manair Rese I 'oir for providing R and R Policy benehts in ter.rr ' o[ (i.O.Ms. No (rB, lrrigarion and CAD (Project \tr ng l,r\ IV R and R) Deparrment. dated 08 04-2O(r: as illegal, :,rrbitrary and contra-ry to :Li or'rc G.O.Ms.No.68, Irrigation and CAD Depa-rtrr rrrt, <1ated 08.04.2005 and consequently direct lhc respondents to extend all the benehts under Fl rnd R policf in terms of G.O.Ms No.68, Irrigation lnd CAD (Project Wing - LA IV R ald R) Departr ent datccl 08.04.2005 to the petitioner"."

10. A learned Single Judge of this Court vide rrder, dated 22.11.2023, in W.P.No.3127 l of 2016 held as lillou's: "5. 'lhe lcarned Governmctrt Pleader for ,\tquisition appearing for tlr, rcspondents basjr the counter slrbmits that as per I']ara 5.4 (a) of R&R T']olicy, 2OO5 issued in G.O.Ms.No.68, 1 B, {PW. LA. IV It &. R) Departnrcnt, dated 08 O4.1 the membcrs o[ the families who are perma-I trade, occupaticr residing, practicing aly vocation rn the Project Affected Area are eligilr rhe beneht under R & R Policy. Thereforc members ol the families who are not perrna.) resrding in the Project Affected Areas are not el for the other bene hts for loss of livelihood etc., r- the R & R Policy cxcepi the r.alue of thcir strucr r ,arrd 30n it ate ]AD 105. rn tly : lor :ntly 3ible rCS, 7 JAK, J Cr! l'.ta 15507 of 2aaa ;; "

6. The learned Government pleader appcanng for the respondents further su bmits that aiLr .orr'a,,,.,i,,g 1"!-]9a survey as per the guide lines of G.o.Ms.No.68. I & cAD (pW L"A rv n' I nl Deparrment, dated 08.04.2005 the eligible eOnJean list of Anupuram Village consisring (t0,"0l1 fr-ifi". * pubtished vide Gazette No.67, riatci 2q r j ido;.t", the wnt petitioner name not includcd in socio ::?"?T:" ."^":^ey tist published vide Cazette wo.O7. daLed 29.12.2009 as she was already married belore conduL-ting o[ lhe socio_economic sun.c1.. u,_r.i ii i. known that the petitioner is lir.rng i,-, F".fa.fr"S"p"", Villagc of trllanthakunta Mandal with f,". t_,r'"fio,,ra -i_i. ard children but her mother ancl foU,", Vanapa tla Padma and Sri Jalapathi R";;\:'";;. were rncludcd in socio economic sun ev list at Gazettc Sl. No.733, H.No.7_ l2 ald her _"rf_r.i.f.,, grven patta certifrcate and wages. As such the petitioner is not entitle for any benefrt" .,rrd". R I H Policy, G.O.Ms.No.68 aatea 08 04 rOG requested to dismiss the writ petition. 7. Aft-er hearing both sides and on perusine the records, this Court is of the conside red , ** .f_r.it ,lr" petitror-rer is the owner ald possessor oi the. h;.o; bearing No.4 3Z/1, (MMRP H.No.7_13) Anupuram Villagc, Vemularvada ;;;rl "itua;;*;i Karimnagar Districl. The Land A.q;;;i;' Authorities estimated the arnount tow:rrds I_ancl Acquisition compensation to the housc b"r.;g N;.; 37/.1, (MMRP H.No.7- t3) and also paid rhc ,..rnu,.,, to thc petitioner. But not included if-,. .iif- petitioner ar-ld included the narne s of thc parents of the petidoner. who are resided ar ht.ruse lroarino Io 7: ]2 for prr.rviding benefirs under R & R r;li; ,; C.o.Ms No.68. I & CAD (pw. l_A. ir [" a' n, Deparlment, dated 08.04.2005. Acc,rrdinq f ". o"n,". submirred by rhe respondcnts, il ts noticctl tlrat onlv basrng on the names of the petitron..." par.nts ii: the Socio-Economic Survey list, the i.,iti.".. " name was not included ald contendei that the respondents carne to know that th" p.ti;;r;;:; fami ly was not resided at Anupuram Vijl;s".;;j:; is undcr submergence ol Mid rr4""-. n.!"*.ir"i" conlrary to lhe records of lhe Land Acouisition procecdings. Admittedly, rhe respundcn, "rif-lu.iir". Ls^sued :sltr.naled. compcnsation lo thc perilroner.s nouse bcaring N<t.4 37 I l. (MMRI, I LNo.7_ t3) in separale proceedings as shc is rhc o,,r n"r oj'thc ".-" 8 JAK' J ( ! ?.No.t55o7 of2a2'1 house. ln vieu' of the same, the petitioner's fanr: eligibh to gct the benelits under R & R polic G.O.Ms.No.6B, I & CAD (PW' LA IV R 3 Dcp:rrtrrent, dated 08.04.2005 as project displ farnilr' of .,\uupuram Village , Vemulau'ada M:Lr K:rr-it.t.t t-t :i giu- I ) istrict. 8. ln r rcu of rlt<: abor c lindings, this writ petitr( allor,r,ecl bv cli:claring thzr.t the petitioner is eligib receir.c the benehts under R & R policy as petitioner s farnily is a separate family unde I clchnition of the 'Project Displaced Family' as G.O.lvls.No.tr8, I & CAD (PW. LA. IV R t Depar[mcnt, dated 08-04 2005. Therefore, responclellts zrre directed to include the name c pctitioncr in rhe beneficiarl, list of Project Displ Familjes of Anupuram Village, Vemulawada Mz of erstrvhilc Karimnagar District and pay the bt r under the said scheme as per the procedur: dourr in thc schcme and further directed to cl the nbove clirecLion u'ithin eight (08) weeks lror .latc ()1 rcceipt of cop-v ol this order. 'lhere sh: no orclcr as to (tosts." R) dal, r/is R) ' the Iaid ll be 11 A Writ Appeai bearing No.68B of 2024 \v 1s preferred on 06.06.2024, no interim orders were grantec

12. A contempt case was filed for non-coml) ialce of the orders in W.P.No.3l27 I of 20 16 on l9.O9.t C24. As on date, both thc u'rit appeal and the conter:r rt case are pending on the file of this Court. (This crimirl LI petition is (filed on 13.12.2024) to quash the proceedi'r No. 592 of 2024 (FlR Registered on O5.ll.2Ot:' of Vemular't ada Town Police Station for of ls in Crime .) on the file 'ence under Section 420). 9 Cr! P ,\o 15307 af 2t4 13 The Events which occurred prior to the registering of FIR need to be noted 14(i). A letter dated 16.1O.2024 was addresscd bv Collector and District Magistrate of Rajanna Sircilla District to the Revenue Divisional Officer (for short ,RDO) The contents of letter are as follor,r.s: "Attention is invited to thc reference citecl, 1,.6p.1 are required to subrnit the follot.ing docu,ncnii i,r case oI Valaprla Karirha W/o.lage:iMohrn RcJ.l;. in hcr alfidavir in C.C.No. 1937 ot"2O24

1. She is clarming that, shc is residcnt of " Anupuram Village of Vemulawada ff.r.ut U..raJ and it is appea_rs to bc fraud for taking rar"",*".i La;ld Acquisition amounl by crearing i".r_U-*1... you are required to submit details of Voter ID, F.p. Shop details and Ration card, building f"._-i""lo,_, of the complaineint and her husbar.rd.

2. Encumbrance of house no. connected link document shall be submit of converdn; if,r. rr.J alrd building in her name. which is "t.ir"a to t. her property in Anupuram Village. are required to submit origrnal documents of files, this detarls should reachcl t" th" .;J;; signed by 05.00 pM on 72.tO.2024.,, 14(il. On the very sarne day, Office of RDO Vemulawada addressed a letter to Tahsildar, Vemulawada, "Top Priority/ Most Urgent,,. Contents of the letter are follows: AS AS 10 ,]AK, J a,l I'N) 15507 af )424 "Attention is invrted to the reference citerl rt is sr.rbrnit to that. thc District Collector, Rr j uina Siricilla has reque sted to submit the docume I s as fo llol s Smt Vatrapatla Kavitha W/o Jaganr:r Ihalt Rccldy Shc is Cahning the is residcnt of Anmrlr tram Village of Vemulwada Rural Mandal ancl t is appeir.rs to be fraud lor taking advaltage of -and Acquisition :rmount b1' the creating encumbr Lnce, you rerluiretl to submit detarls of Voter Id, F I' ihop dctails and Ration C:ud and building permis:;r ln of thc complainant and her husbald Thr:refore. it is instructcd to subm 1 thc clctarled rcport along u'ith irSC Card, Voter If ancl Ruilcling permissiotr Documcnts for taking 1l rther neccssarv :rcttou in thc mattcr.'' 14(iii). On recc'rpt of the letLer lrom the cl ice of RDO, a letter is addressed on the next day :i/ Tahsildar. Vemulau,ada Mandai to RDO. Following are tf e contents of the letter: "l in\.ite kind attention to the referenc:e :ited, rvhcrein thc Rer,cnue Divisional (i flcer, Vemularvadzr has instructed to submit the documents iike Voter card/ Ration card,' I louse documcnts ol Smt. \rzrnapatla Kavitha W7'o , agan Mohan Rcddy. ln this regard I submit that, Smt. Valti Kavitha W/o Jagan Mohal Reddy R/o Kanr:l has personally appear before me today and sL submitted some documents in her support il pelrsal of the estimation letter submitted t Engineer, Executive Lr.No.DB3/MMR/ANUPURAM/20 10, Dt. 19.O3 her name was entered -at S1.No.468 with number 7 13 and on porusal of the award pa:;r the Specral Deputy Collector, LA, LI. KarimnageLl an amount of Rs.5,87,291/-(l Five lakhs eighty scven thousand two hundr: ninctv,lnc on lv1 . P.R.I. : has Ld on ,' the agtial 20 i0 ed by .ir-vI, rpee s I and 11 JA K. .J C P-No-)5J07 of 2U,1 Further I submrt that, I have requested to submit Voter card/Ration card p"ituir-r" to Anupuram village on this she has statid that, she ha_s no voter card/ration carcl pertains to Anupuram viilage ar-rd she refused to give the sworn statement that shc is not ltaving volcr carclr/ration carr:l or anr.. other rlor-umcnrs rvhrch l)tool\ tl.t;rl she rs thc r.illager of Anupuram viilage. Further I submit that, I have conducted enquiry- with the village elders of Anupuram village and it is revealed that, she is having only one houie in the village, but she nevcr resided in the villagc only her mother ar-rd father is resided in the said house and due to which his mother arrd father got one plot in nervly formed Anupuram R &R colonv.i 1a(iv). Another letter dated 24. j,O.2O24, emanated from the Office of Collector Addressed to RDO. The contents of I he letter are as [ollo\\'s: " Attention is inuited to the references cited_, the Distncl Collector, Rajanna Sircilla has instrucied to le CiuiL and Cimin al roceedi s to be immediatel as pcr the findings of the RDO, t!s.rt94' Vemulawada..."

15. Pending contempt and writ appeal, Tahsildar, Vemulawada, addressed a letter No.E/992/2O24, d,ated OS .I1 .2024 (annexed at pagc No.8), to the Station House Officer, Policc Station Vemulawada. In the reference, two letters are referred to. One bearing No.G2/23/2024 dated

24.1O.2024 of Coliector, Rajanna Sircilla District, and the other letter bearing No.Al793 12024 of the RDO, Vemulawada, dated 16.10.2024. Inviting the attention of 12 -]AK. J arlt'). 155A7 )i )A)4 the Station House Officer to the letters reii rrecl (copies enciosed to the letter dated O5.ll.2O24l, a :equest was made bv the 'lah sildar to book a case against the petitio ner/ accused herein. The lollowing are he contents of the letter "Your attcntion is invited to the refc-' rlccs citcd, u'hilc enclosing the references, yo -r arc rcqucstcd to book a case agarnst Smt.Van: latl:r Kavitha W/o Jagan Mohan Reddy on allegation that, she has misguidcd thc Hon'ble High Co -r -t of Telanganra in W.P.No.3 1271 of 2016 to get thr R&R benehts illegally as she is never resid: Anupurarn l'illage, her parents constructed a I ous(] in the narne of Smt.Vanapatla Kavitha W/o. a gan Mohan Redcly rvith MMRI' Il.No.7- 13 in ;\nrt I 1ran1 villagc ald she get the compensation for that I )u se. She is havir.rg uo evtdences lr'ith her to pr()\ ( tha t she is residi;rg in Anttpurerm village 'lhereforc -vou are t-equesled to book ir case against Smt Vanapatla Kavitha W/o Jagan \ oharr Reddy lor misguide the Llon'ble High Cor -t of TelzLngar-ra to €{ct the R&R benchts from Goverl ment illegally ar:d submit thc FIR copy to the undcrsi;,r ed."

16. Pursuant to the letter from Tahsildar, the Station House Officer, Vemulau'ada, registered 1n FIR on 05.11.2024 for an offence under Section 42O (f IPC against the petitioner/ accused. 77 . This Court perused the letter, dated 5 1.2024 , and the order of learned Single Judge dateci 22 . | 1 .2023 , annexed at page No.9 of this criminal pr: ition. It is

1.3 Crl.P ^'o.15.A7 JAK, J oI2O2a observed from the order ol the learned Single Judge that petitioner/ accused herein rvas found eligible to get benefits of R&R and that her name n,as directed to be included in the name ol beneficiary list of project displaced families. The order oF the learncd Single Judge r\ras not implemented. A contempt case came to be filed for non- compliance oI the order. Whcn queried, it is informed br, the counsel for petitioner that contempt case is pending as on date (24.O4.2025).

18. This Court, having perused the material on record, carnot turn a blind eye to the fact that it was Collector (Head of the District Administration) who on his own vblition, without any jurisdicrion initiated stcps to set the criminal la\ r into motion, in sprte of the writ petition order having found the petitioner eligible and having not compiied the order of learned single judge. This undoubtedly lullills the parameters of an act which is grave and willful in nature, which cannot be condoned.

19. This Court, having considcrcd the entire factual matrix of the case and the submissions of the counsel for 14 JAK, J .\o.1ss07 of2021 a,t P petitioner/ accuse d, initialll' was of the opiniorL rvhether rt is a fit case for initiating suo motu conteml) proceedrngs against the ofl-ice of Collector lor dirt:c, ng criminal proceedings against petitioner / accused u ithc,r Lt an1, basis This Court appointed learned Senior Counsel Mr. Avinash Desai as an amicus for assisting in the facts ,r ' the case, to arrive at a fir-rding r.r,hether acts of the office o1-Collcctor amount arc willlul in nature (in spite of [hc rrdr:rs of the u,rit Court) and lor setting the criminal lrur into motion, therebl o latin g freedom ol tile and liL ertv ol the petition er/ accuscd guaranteed under Articl: 21 of the Constitution of India.

20. Learned Se nior Counsel Mr. Avinash De:r ai submitted at length :rnd invited the attention of this Ccr rt to various provisions of the Contempt of Court Act Articles of Constitution ald the Contempt Rulcs includi - q the Hon'ble Apex Court's judgments for invoking suo /i? )lu contcmpt proceedings. This Court appreciates the assist rnce afforded by the learned Senior Counsel 15 JAK, J Cll P No-t5507 oJ 2024 2L Be that as it ma,v, \vcighing the nature and gravity of the issues on hand, thjs Court requested Iearned Additional Advocate General to appear in this matter.

22. It is submitted bv lcarned Additional Advocate Genera-l that there were a large number ol cases of the nature as prayed for in u,rit petition, where benefits were doled out. That on enquir_v. it came to light that certain individuals / citizens nor cntrtled for bcnefits u.ere granted benefits. Hence, office oI Collector initiated steps to uncover such rvrongful beneficiaries. It is furthcr submitted that writ petitions filed by ineligibie indiviciuals came to be dismissed.

23. It is submitted by the Additional Advocate General that in the case of the petitioner/accused, Writ petition bearing No.3127 I of 2016 tiled by her was allowed with certain directions and that a Writ Appeal bearing No.68B of 2024 was preferred and is pending consideration on the file of the Court and a contempt case filed against the District Collector for non implementation of the order of High Court ,/ 16 JAX, J atl.P I'o 1s5o7 oJ 2424 in Writ Petrtion is pending on the file of the I{ gh Court as on date

24. While the Additional Advocate Generir rvas berng heard on the issue, a learned counsel Mr. iuresh Ram sought permission of this Court to make su t missions on bchalf of Collector. This Court u'as under th r impression that Mr. Suresh Ram was a Governmeni )leader and permi tted. It was contended by learn :d counsel (Mr. Suresh Ram) that this Court has errt 1 in lau, in initiating contempt proceedings against t f e Collector. Counsel argued vehemently (without filing Val alat) placing reliance on the judgment of Hon'bie Ape x Court in the State of Uttar Pradesh and others u. Association oJ Retired Supreme Court and High C< urt Judges at Allahabad and othersl . The counsel fe,l in error in making submissions, as if this Court f as initiated contempt proceedings against collector. Till daL' e, this Court has not initiated contempt proceedings. HavL: Lg heard the counsel, this Court made it clear to him, that it was premature on his part to address on the i s sue, as this ' MANUlscloooil2o2a

1.7 J,AK, ] Crl.P.Na-t55O7.f2a2a Court was only contemplating to initiate contempt proceedings, but did not initiate any such proceedings. This Court is not inclined to accept tl.re contentions raised by the learned counsel appearing independently rvithout there being a val<alat, w,hen the Additional Advocate General has been making submissions by appearing on behalf of Collector ald the other officers.

25. This Court is conscious ol the fact that Collector and RDO were not arrayed as parties to the criminal petition by the petitioner,/ accused. It ,"ias submitted by the counsel for petitioner/ accused that the offices of Collector and RDO were instrumental in driving the office of Tahsildar to Address a letter to the SHO requesttng to book a case. Having considered the submissions made, having perused the record, it is apparent from the facts that the lreedom ol life and liberty, of the petitioner/ accused, guaranteed under Article 2l of the constitution of India was at stake, and setting the criminal law into motion without any basis. Hence, this Court requested the Collector to be present in the Court. ,"" a I P.\o 15507 of 2A)4

26. Learned Additional Advocate General rec uested thrs Court not to initiate criminal contempt proceecl ngs against the offices of' Collector and other authoritie s ' He sought trme for filing counter affidavit. Having heard Additional Advocate General, this Court u'rtl he Learned a vlew to grant an opportunitv, for better adjudication' z'r to u,hether the acts ol thc Head of the District Acl ninistration (Coliector) and its officers were bona fide acts () acrs willful in nature, granted time for filing of counter affid avit for narrating the events and explain the circumst: t .CCS. 27 . A counter affidavit came to be filed ex rlaining the circumstances under which the Office of Coll' ctor had to inrtiate steps. Ttre following are the contents c f the counter aflidavit filed "5. I submit that I lrave the utmost resp( ( a1l the orders passed by the Hon'ble C: especially those issued passed by the Hon'b1c Court. As a public servant, I consider it my s'r duty to uphold ald implement the directives : Hon'blc judiciary. I respectfully submit that l not violated any orders issued by this Hon'blc Court. Specihcally, I affrrm that I have cot:r rr.ith Your Lordship's orders dated 22111 l' passed in WP No. 3127 7 of 2016 by the Hc High Court, Llyderabad and in the event of ir my .rcts of omission or commission were 1 construed as acts of disobedience of the orde this l{onourable Court, I hereby tende - unconclitional apolo$, for the sa:ne. t for 1rts, Iigh C ITTN ' the I VC {igh o23. r'ble Ly ol 's of m)' 19 (:rl.P.No 15 07 of 2o.) 1

6. It is respectlully submitted that Hon,ble High Court has passed the foJlowrng order in Wp N;. 31271of 2016 dated 22lttl2023 and the operative portion is extracted hereunder as: a...... "8. In vieu, of the above findrngs, lhis Writ pctition is alloued by declaring that tlrc pcriuoner is eligible to recerve thc beltcftts under R & R policy as the petitioner's [amil1, is a separatc farnily rrnrlei tl-re definition of the Projcct I)isplaced F,rmil,, as lter G.O-Ms. No.68, 1 & CAD (pW, I.A. IV R & Ii) Department, datccl 08.0.+ 200S. Therelirr.c. the rcspondcnts ar-e dirccted to includc tllc namc of the petitioner in the bcnehciarl Iist of project Drsplaced Families of Anupuram Village, Vemulawacla Maldal of erstwhile Karimnagar District and pav the benefits under the said scheme as per the pioiedure lard down in the schcmc and furthcr dirccted to comply the above direction rvithin cigl.rt (Ot3) u;eeks from thc date of receipt of copy of this order. Tl,rere shall be no order as lo costs . 7. I respectfully submit that I have ordcrcd the Revenue Divisional OIIicer, Vemulwada to llle Civrl and Crimina-l Proceedings against thc petrtioner in the Said C.C on dt. 22-tO-2O24, accordingl_v the Revenue Divisional Ofhccr, Vcmuiau,ada clirectecl thc Tahsildar to filc FIR r rdc his Lr.No.A/7<)312O24, dt.26-10-2o24, in turn 'l'ahsildar, Vemularvarla has lrled FIR No.592 12024 , dt.OS I I-2024 agarnsr rhe petitioner that she has "misguided" tlte [{on,ble High Court of Telangana in W.P.No.3 127 I ot 2O Io ro get the R&R Benefits illegally as she is never resided in Anpuram village; this aspect and usage of the rvord "misguided" along with a.ll relevant material ought to have been placed before the Divrsion Bench in the Writ Appeal preferred by the State; there u,as no disrespect meant towards either the orders of this Hon'ble Court or towards the Hon'ble Court. The three letters that led to the instltution of the Crimina.l Case are alnexed herewrth for the kind p€rusal of this Honourable Court. It is most respectfully submitted that the first two lettcrs did not contain the word "misguided" but only by way of inadvertence the satd word was incorporated in the third letter dt.O5.ll.2O24; it is oncc again most respectfully reiterated that the said u,ord was not used either in respect of the orders or in rcspect of the Honourable Court. 20 JAK, J :.t)N)1:t471'f2424

8. I respectfully submit that I am thr-' 2nd Respondent in the above Contempt Case, scn r: g in the capacitr. of I)istrict Collector, I?ajanna Si cilla l)istrrct, ha'"ing nssumcd charge on 16th Junt tO24 Iiom rrl predeccssor. ln compli:rnce n.i, lr lour l,ordslrrps orders, I have revicwed the olllce :( ( lrds and I havc issued an Lr.No.G2l73l20f I r atccl OA/O1i2025 to the Revenue Divisional ( f icer, Vemrtlrrad:r. Rajar-rna Sircilla Distnct particulirr [v to llcsp,rndcnt No.3, directing to proccss and dist ursc the lrcnefits as per the prescribed procedur: ancl compliancc to add the Petitioner, Smt. Varl r ratla Kar.ithir, to the beneficiaries list under the ' I 'r rject Displat:ed FamLlies" scheme for Anupuram Vi lage, Vemttlrvad:r NIandaI, Rajanna Sircilla I)r,..rict, 'lelangrlna. Cop1, of the letter dt.O8.01.20,5 is cnclost' herer.r'ith for the kind perusal ,r' this I{onorrrable Court. lR&R Package vide his

9. I rcspcct[r-rlh,strbmit that, The Revenue Di'. rs onal ()lficcr. \/crnular'"'ada has submitted the Propr,r al to provrck rfllcc Lr.No.r\/61(>/ 2024, dt. 17 -O3-2025, Accordrn r I . tht-, sam( \l.as submitted to R&R Commir;r irner. Ilyderrrbad vide Lr.No.G2/73/2024, dt. 18 0:i .125. lO. In vieu, there of your lordship's ordcr r atccl 221 1l t/2O2:\ in the above W.P.No,3127l crl 2O l(> has br.en <:omplied by me and in my resl), ctful submrssion does not require institution of Cr.r rinal case procecdings or the same to be continuecl. I 1. I rr:spectfully submit that I have always hr I I thc highcst regard and utmost respect for the l ders passed by this Hon'ble Court and have drl 6 :ntly strived to ensure their timely implementirli ,n. I furthcr state that I have never acted rvit r any intenlion to disregard, disobey, or dishon() thc orders of this l{on'ble Court, whether w'illhr 1. or otheru ise. Horvever, if this Hon'ble Court cor.r .: udes that llrcrc has been any violation on m,v l) Lrt, I humbll and unconditionally tender my s i rcerc apologics. I respectfully pray that this Hon'b]c , )ourt be plcascd to consider my submissiol and exoneraLe me from the Criminal Case proceedrr gs." 27 crl.P-No ) i)ar ol2024

28. Additional counter afhdavit is also filed. averments a-re simiiar in nature. Contents of the additional counter alfidavit are as follows: "4. I submit that I have the utmost rcspcct lor all the orders passed by the Hon'ble Courts, cspecially those issued passed by the Hon'blc High Court. As a public servant, I consider it mv solemn du tv to uphold and implement the dircctives of the Hc,n'bte judiciary. I respectfully submit that I have not violated any orders issued by this Hon ble lligh Court. Specihcally, I alfirm that I har e comltlied rvith his Lordship s orclers dalcd 22/lt l2023. passed in WP No. 3127 | ot 2O 16 br. rl.rc on ble High Court, Hyderabad and ir-r the cvent of auy of my acts of omission or commission wcre Lo bc construed as acts of disobedience of the ordcrs of this Honorable Court, I hereby tender my unconditional apolos/ for thc same. 5. It is lcspectfully submittcd that FIon'ble IIigh Court has passed the following order in Wp No. 31271of2016 dated 22/1112023 and the opcrarive portion is extracted hereunder as: a. "8. In view of the above hndings, this Writ petirion is allowed by declaring that the petitioncr is clgible to receive the benehts under R & R policy as thc petitioner's family is a separate famill. u ndsl th. dehnition of the Project Displaced Family' as per G.O.Ms. No.68, I & CAD (PW. LA. IV R & R) Department, dated O8.04.2005. Thercfore, the respondents are directed to include the name ol the petitioner in the beneficiary list of project Displaced Families of Anupuram Villagc, Vemularvada Mandal of erstwhile Karimnagar District and pay the benefrts under the said scheme as per the proccdure laid down in the scheme and further directed to comply the above direction within eight (08) weeks from the date of receipt of copy of this order. There shall be no order as to costs". 6. I respectfully submit that the Tahsildar, trllantakunta vide L.No. C/31/2024 on 21.1O.2024 reported that, as per the local enquiry held in the village, the willagers have stated that, Vanapatla 27 'rtP.No.t5.;07 of 2024 Kavitha (c-l Vade Laxmi u'/ o Jaganmohan RecI recorded as voter at Sl.No 42O Part No 299 t Vanak,rndul Assembll Constiluency and husbarrrl name is a-lso entered at SI.No.419 i.l part, her maternal village is Anupuram, anc shitted to Karimnagar for livelihood since 20 I bacl<. Further, the Revcnue Divisional Cf VemuliLwada vide L.No.B/34 /2021 dt: 19 lA' has reported that, as per the local enquiry hc the rillagc, it rs revealed that, the petitioner lLr only house in the Village, but she never resitl the r,illage, but her parents would reside in the house and due to which her parent got onc 1rl the ncwly Formed Anupuram R&R Colonl ' Distr ict I)anchavat Officer, Rajanna Sircillrt subnrittcd rcport on 19 1'O -2024, as pcl avarlablc rccords, the o'"rnership of the H No 4- rccorclccl ir-r thc namc of Vanapatla Chandraitrl Narsimha Rcddl' during the years 2OO2-O3 & t 04, dr,rring the ye:rr 2004-05, Mylaram VerLl S/o Srngaraiah is recorded as owner of the I :rl<i V:rnapatla Kavitha w/o Jaganmohan Re C in tl:,e recorrlcd as owner with FI.No-4-37 ll 2OO7 08 and 2009-10. But, no records are avl in the Gram Panchayat/Office, the basis on r the o$'nership was translerred in the nan Van:rpatla Kavitha. 7. I respectfully submit that, considering the rt of Lhe Tahsildar, Ellanterl<unta, Revenue DivLr ()llicer. Vemulawada and the District Pan r Officcr, Rajanna Sircilla, I had come tc conclusion lhat Smt Vanapatla Kavitha set r have rcsorted to case of forgery and cIi conspiracy and misrepresented before the Ll I{igh Court zrnd accordingly Instructed the Rc' Divisionai Officer, Vemulawada vide G217312024 d,t:24.10.2O24 to hle Civil & Cti procecdings against her, accordingly the R':' Divisional Officer, Vemulawada directe(t Tahsildar to file FiR vide his Lr.No.A/793 / dt.26 l0 2024, rn turn Tahsildar, Vemulawal frled FIR No.59212024, dt.Os-11-2024 agairll petiLloner that she has "misguided" the Hon'b < Court of Telangana in W.P.No.3127I of 2016 r he R&R Bcnefits illegally as she is never res ( Anpurerm village; this aspect and usage of the "misgrrided" along with all relevant material o r have becn placcd beforc the Division Bench )'15 i30 e afs icer. to24 ;t in The l7 is s/o 003 ly is Iable 'hich e of J orts 1s Lo n'ble L.No. nina.l ,ica r has t the High o get ed in Iht to n thc 1l a'tl I, i\;o-15;t)7 of )O24 Writ Appeal preferred by the State; there was no disrespect meant towards either thc ordcrs of Lhis Hon'ble Court or torvards thc Hon'ble Court. The three letters that led to the institution ol the Criminal Case have already been pl:rccd before this Hon'ble Corrrt for the kind perusal of this Honorable Court. It is most rcsltcctfull,v submitted that the ilrst tu.o Ictters did not contain thc word 'misguided,' but orrl-r' by wa) oI inadvertt,ncr. thc sad word rr.rrs incorporated in the third letrer dt.05.11.2O24: rt is once again most respectfully reiterated that the said word was not used either in respect of the ordcrs or in respect of the Honorable Court. 8. I respectfully submit that I am thc 2ncl Respondent in the above Criminal Petition, scn,ing in the capacity of District Collector, Rajalna Sircilla District, having assumed charge on l6th June 2024 from my predecessor. In compliance with yotrr Lordships orders, I have reviewed the office records and I have issued an Lr.No.G2/7312024, datcd 08/O112025 to thc Revenue Divisional Officcr. Vemulau.ada, Rajanna Sircrlla District particularly to Rcspondcnt No.2. directing lo lroccss and drsburse the benclits as per ttre prescribed procedure and compliance to add the petitioncr, Smt. Vanapatla Kavitha to the beneficizrries list under the "Project Displaced Families" scheme for Anupuram Village, Vemulwada Mandal, Rajanna Sircilla District, Telangana, in spite of as per G.O.Ms.No. 68, I&CADD, dt. 08.04.2005 chapter-V section 5.4 -Every survey shall contain the followrng village wrse information of the project Affe4ctcd Families. (a)member of families who are permanently residing, practicing any trade, occupation or vocation in the Project Affected Arca, (b) Project Affected Families who arc likely to lose their house, agricultural land, employmcnt or are alienated wholly or substantially from the mair-r source of their trade/ occupation or l/ocation, {c) AgriculturzLl labour and non-agricultura.l laboures (d) Project Affected Families who are or u,ere having possession of forest lands in the affected area prior to the 13th day of December, 2O05. (e) Vulnerable persons such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above fifty years of age, who are not provided or cannot immediately be provided rvith alternative livelihood, and who are not otherivise 24 I 4 P.No )5507 o:2021 covercd as parl of family. (l) Families tha landlcss (not having homestead land, agricu.t land, or cither homestead or agricultural land bclou povcrtv line, but residing continuouslv 1 pcriocl not less than three vears in the affected prcccdrrq thc (late of decliLration o[ the af]€ iu t:n. -l lrL applicaLrt rs rnar-ried and thc applit;rrrL cf[ecttrd rrndcr this section. I)cspite knowing r incts, I lun'c honored thc }{on ble High Court ( I rrrrcl iss.Lt d proceedings to the RDO, Vemulau': r cxtend the bcnc'fits subject to outcorne of tlrr Appei{. :trc Iral )ra :ted noI lc rs rVrit

9. I reslx:ctfullv submit that, The Revenue Dir ir.; rnal Officcr. \'cmularvada has submittcd the Propos rl to provitlc R&R Packagc vide his r fllce Lr.No.Ai rr16l2024, dt. ).7 O3-2O25, Accordingll the same \\.as submitted to R&R CommissLr ner, Hyderaberd vidc Lr.No.G2l 73 /2024, dt. 18-03.1 025 and thc ll&R Cornmissioncr, Hyderabad vide l- .No. 279lCRlt/SS/20 I 1 Dt: 03.2O2r has accc 'ded pcrmlssron to c\tent the bcnehts to exten I the erbovc R&.R bcnehts as pcr thc G.O. Ms.No 68. I&CAD (PW. i-1.IV R & R) Dcpartmer..t. Dt: 08.04.'.1005 to the Petitioner, Smt. Vanrr ratla Kavithir. I respectlLlly subrnit that, I havc is;ued orders r idc Proc. No. G217312024, Dt: 04.04 I 125. to ar-rLhorized to the R&R Officer & l:DO. VerlrLltLrr acla to providc thc bencfits of thc R&R cntitlcrn('nts to the beneficiary i.e., Smt. VaI r ratler Kavithir W/o .Jagan Mohan lteddy lR/o AntLpr rarrr Villagr'. \,'cmul:rrt'adaMandal. lO. ln view there of your lordship's ordcl r atecl 22/ll 2023 in the above W.P.No.31271 of )O16 has bcen complied by me and in my rcs1,r ctful submission docs not requirc institution of Cr r rinal case pr or;cedings or the sarnc to be continued. I I . I respcctfulll, submit that I have a-lways ]rc I l-righcsL rcgard and utmost respect for the :r passcd by this Hon'blc Court and have dilig strivcd lo ensure their timely implementali further state that I have never acted witl intention to disregard, disobey, or d.ishono ordcrs o[ this Ilon'ble Court, whether willfrL. otherrr isc. I respcctfully pral/ that this Hon'blc t be pleascd to consider my submission arrd l. examinc the ground for the pursuancc I thc :ntly ,n, I ]' or )ourt 25 ( tl P ,\o t5507 oi:a24 hardship, I am honest offrcer for pertaining public interest and close any further procecdings on undcrsigncd. I resps6lfully slare that ii rhe proceedings are directed to be reflected in mv ACR (AnnuaJ Ctrnfidenrial Reporr) it would affe.t m). luture prospects ancl hence I humbly request thii Hon ble Court to close the proceedings by accepting my uncorrditiona.l apologz. Ihave always strivcd to fulfill thc highcsl standards of honesw and (.arn. out my dutics in a dutiful manner. 12. I respcctfr,rll-v submit that as pcr thc All tndia Serrices (Conducr) Rules, I968 rulc 3(l) Er,cry mcmber ol the sen.ice shall at all trmes mainrain absolute integrity arid der.otion to duty and shall do noting which is unbccoming of a member of the sen,ice. ( 1A) Evcn mcmbcr of thc scn ice shall maintain: (i) high ethical standards, integritl. and honcsty (ii) political neutrality (iii) promoting of the principles of merit, fairness and impartiality in the drscharge of duties (iv) accountability zrnd treulsparency and as per (28) (iv) take decisions solely in public interest ald use or cause to use public resources cfficiently, effectively ar-ld economically. In this case I have discharged my dutics as per AIS rules and Honorable Court be pleased to close further procecdings in the intcrcst o[justicc as deemcd." )9. Learned Additional Advocate General placed on record a copy of letter dated 23.04.2025 addressed by rhe Tahsildar, Vemulawada to SHO which is as follows: "Your attention is invited to the references cited, whercin you are requested to book a criminal case Smt.Vanapatla Kavitha W/o Jagan Mohan Reddy through the reference lst cited. Through the reference 2nd cited, the District Collector, Rajanna Sircilla has instructed to withdraw the complaint aga.inst Smt.Vanapatla Kavitha W/o Jagan Mohan Reddy as necessary benefits are being provided to the individual. 26 &\K, J I'.i,lo.15507 of 2024 Accordingll,, the complaint rr',hich is subrnr'-cd through the rclerencc lst cited is ht r :by rr.ith d ras,rr g. ''

30. Tl-ris Cor-rrt, hervirrg pcrusccl the counter r lidavit and the addilior-ral coLrnter filecl bv the District Col ector, is of the opinion that the averments made are se I serving in nature. On a perusal of the correspondence I etween the olfices of Colle ctor. RDO and Tahsildar arl.i the letter addressed to liHO b-r' Tahsildar and the l:tter dated

23.O4.2025. that tht' criminal lart u,as intc motion bv registering an lrl Ii t spite of the Fligh Co urr {.inding the petitioner/ accuscd cligible for benefits and (l recting the authorities to consider the petitioner as pro.jt, t displaced famill, (directions of this Court in W.P.No.31'.1 'l of 2016, by order dated 22.11.2023ll 31 . From the contents of lctter date 23.0r .2025 it is apparent that nccessarv benelits \,\.erc being g- rnted to the petitioner/ aLccused, after setting the crimirLr I lalv into motion, to get over lhe acts u,hich evidently : -e rvillful in nature and u,ithout any basis of law 77 JAK, J ail l'No 15507 o[ 2024

32. From the letter dated 16.1O.2024 of the Collector arld District Magistrate, it is evident from the contcnts, that the Collector was of the opir-rion that a fraud rvas played taking advantage ol the land acquisition amount by creating encumbrance. It is further observed that Collector specifically stated that files should reach by 05:OO p.m. on

17.1O.2024. It is also a fact uhich is borne on record that on the \rery same da1', office of RDO addresscd a letter to Tahsildar n,hich reflected the contents of the lctter of collector verbatim. Letter daled 24.1O.2024, was addressed from the office of District Collector to the RDO, the contents of letter are extracted supra

33. In the letter dated 24 .lO .2024 from office of District Collector, District Collector has instructed to lile civil and criminal proceedrngs immediately as per the findings of RDO, Vemulawada, submitted vide reference dated

22.1O.2024. Undeniably, the FIR lodged is on the basis of the letter addressed on 24.1O.2024 by the ofhce of Collector. This is the root cause and the genesis of the letter dated 05.1 | .2024 of Tahsildar, Vemulawada, to the -4 / 28 tt I)ta lsrt)7 il2A24 Station House Officer and it is on the basis rl- this letter datcd 05.I1.2024, FIR camc to be registered 34 A quen' was put to Iearned Additior al Advocate General as Lo hou, the Collector upon himscl can initiate cii,il ar-rd crirnrnal proccedings $ ithout any alr - Lority of lall., spitc ol thc ordcr in the r.vrit petition con te m pt case pending on the lilc of this Court, a !\,rit i ppeal which is also penriing and there being no interim trder in the u,rit appeal (in favour of the appellant-Str.:e). Learned Additional Advocate General pleaded that tlr: officer has Lendered an apology unconditionally in 1-re counter affidavit

35. [n the present facts arrd circumstancc,. of the case, on perusal of the record, it is apparent hat District Collector/ Executive Head ol the District I' rmir-ristration has not onll' displayed a disregard to the Rr- le of Law by his ac[s, but, tried to circumvent the orders ol Court of law, by directing his officers to initiate civil ;nd criminal proceedings. This Court is not inclined to del\ 3 or consider any grounds raised irr the otl-rcr pending procr:dings before 29 JAJ{ J Crl.l'.Yo.1s507 af 20. a this Court. Criminal proceedings initiated on the basis of the District Collector's letter dated 24 .lO .2024 is the concern ol this Court, but, for ri,hich FIR would not har.e been registered

36. Complaint is made by Tahsildar, by way of a communication to SHO dated 05.11.2024. Oflence under section 420 is registered in crime no. 592 of 2024 on the hle of Vemular.t'ada Torvn Police Station Section 420 is as lolloq,s -Whocr' "42O. Cheating and dishonestly inducing delivery cr chcats and thereby of property. dishoncstlv induces the person dcceivcd to deliver any property to arly person, or to make, alter or destroy the r.vhole or any part of a valuable security, or anything u'hich is signed or sealed, ar-rd which is capable of beir.rg conlerted into a valuable security, sha1l be punished with imprisonment of either description for a term which may extend to seven years, ald shall also be liable to fine."

37. A Three Judge Bench of the Hon'ble Apex Court in A,M. Mohan a, The State Represented Bg SHO And Another (SLP (Criminal) No. 9598 of 20221 dealing with Section 42O of IPC held as follows: "This Court, in the case of Prof, R.I(. Vijdgasarathg and. Another a. Sudha Seetharam and Another2 has culled out the ingredients to '(2019) t6 scc 739 30 ,JAK, J t t'No.t55A7 af2024 constituLe the offence under Sections 415 and '2O ol IPC, as under: "15. Section 415 of the Penal Code reads th Ls: "415. Cheating.-Whoever, by deceiving ny person, fraudulently or dishonestly indu:es thc pcrson so deccived to deliver any pr{)l)r rty to anv person, or to consent that any pcr ion shall retair-r any propcrty, or intentio I L1ly induces the person so dcceived to do or onrj to ciu arrlttring shich he itL-,uld not do or ''r rt if hc u'c-re not so deccir e d, and u'hich ar:1 or omisston causes or is lil<eiy to cause tlart- lge or harm to that Person in bodY, nr :rd, repuration or properly, is said to "cheat" " 16. The ingredients to constitute al offenc t of chcating are as follorvs: 16.1. Thcrc should be fraudulent or dishor est incluccment o[ a person by deceiving him: 16.1.1. The person so induced shoulc be inlentionallY induced to deliver any propcrty t(' rny pcrson or to consent that any person shall I e ain ary propcrtl/, or SO L6.1.2. The person so induccd shoulri inrcntionalll, rnduccd to do or- [o omit to do artr: rvtrich hc would not do or omit if he we re t.t I rleceivcd; and 16.2. tn cases covered by 16.l.2 above, the i( - or omission should be one u'hich caused or is lik': I to cause damage or harm to the person induc: in body, mind, reputation or Property. 17. A fraudulent or dishonest inducement essential ingredient of the offence, A person dishonestly induces another person to delive. property is liable for the offence of cheating.

18. Section 42O of th^e Penal Code rcads thus: "42O. Cheating and dishonestlY inducing delivery of ProPerty. -. Whoever cheats and thereby dishonestll induces the person deceived to delivcr any property to any person, or to makc altcr or destroy the wholc or any part of a valuable security, or anything which i: 3l t:rl P Na 15sa7 of 2024 signed or sca,led, ald which is capable of being converted into a valuable security, shall be punished with imprisonmcnt li either description for a term which may extend to sevcn years, and shall also be liable to fine.,' I9. The ingro6lis1l,. lo r ur)sLjlule an ollerrr.e undcr Section 420 arre as lollow,s: 19.1. A pcrson must commit the offence of cheating under Section 4 l5: arrrl 19.2. The person cheatecl must induced to be dishonestly (a) dcln,er propert_\: to any p".",rr.r, o. (b) makc, altcr or clestroy valuable security or axylhing signej e1 sealed and capablc of berrrs conr er.red into \.duable security. "j- 2O. Chcating is al essential ingredient for ar-r act to constitute an offence under Seciion 420.,, 12. A similar vier,t, has been taken by this Court in the cases of Archana Ro:no v. dt"t. itto) Pradesh and. Anothert, Deepak GaLa ard. Oth,eyl a. State of uttot prad.e;h o"a enoti.i and Mariq.m Fo.sihuddin afld Another a. Stit;i; Adugodi Police Station a.nd. Anothert. 13. It could thus bc secn rhat lor attracting the provision ol Section 420 of II,C, the FlR/comflaini must shor"v that the ingreclicnts of S""tior,, + t S ni IPC arc madc out and thc person chedted musl har-e been dishoneslly induccd ro deliver the properry to any person; or to mzke, alter or destrov valuible security or anything signcd or -;;;; ""a.a ""a "aprUt. being converted into valuable security. i; wo^rds, for attracting the provisions of Section +20 oi IPC, it must be shown that the fln7.o_pi_rri discloscs: (1) (ii) the deception of any person; fraudulently or dishonestly inducing that person dcliver any p,.,-rp"rty to fny person; zrnd . (ii1) dishonest intcntion of thc ztccused at the time of making inducement.,, ' {2021 ) I SCC 75t :20)t INSC ti5 " 2024 SCC Ont.irrc SC 58 ;l0t,l IN \C J9 JAK, 'J | :,..No.15507of2024

38. On a perusai of the judgment of the FI nr'bie Apex CoLlrt, iL is apparent lhat the fraudulcnt a.r,, dishonest rnducement of any person has to make out lrorr inception'

39. in the prcsent case the High Court on fa: .s held that the petitioner/ accused rvas cligible for R&R t :nefits and directed to be declared eligible Lo be a membt r of Proj ect t)isplaced F amrlies. In spite of the High Court l ,oiding that the pctirioncr is eligible for grant of R&R bencf ts, criminal larr,r' has beert se| into motion on the ground tll l petitioner h as misguided the Court and obtained order ' In fact the u,ord fraud has been used in the Ietters of t I e offices of district administration and an offence under Sc :tion 420 is rdgistered.

40. lt dcfies the logic ol this Courl as lo hort' Lhe office ol Drstrict Collector can afford lo conclude in s- :h manner, u'hen it is evident from the order of the High Cc urt that the petitioner n as found etigible for R&R benef ts and the direction to include the name of the petitioner the list of Project Displaced Families beneficrz /accused in ry list. It is an ove rreach by the off{e of Distric t Collector, 33 JAK..] C.l P Na 15507 of2A)1 impermissible under lau., District Collector traversed beyond the orders ol this High Court and in fact without jurisdiction. No Oflcnce is be made oul from the facts and circumstances of the case

41. This is sheer abuse of process of law, the office of District Collector acted contrarv' to kno'nvn facets of law by directing to register a criminal case

42. It is brought to the r-roticc ol tl-ris Court the criminal proceedings initiated havc been u,ithdrau,n. ll is a clcar case of non adherence to Rule of Lau'. The lact that proceedings were withdrawn is indicative enough that the office of District Collector has acted in disregard to Rule of Law curbing the freedom of life and liberty 1n a marlner unknown to law

43. The Office of Districl Collector ignored the fact of pending contempt proceedings and pending Writ Appeal on the file of this High Court and issued such directions, which are impermissible under lalr,. The point which needs 34 J;K, J r P l;o.t55Cr o[ ]424 l-o be considercd is, n'hat is/u'here is the ge r:sis of the crimlnal proccedings

14. This Court is conscious of the fact il i'rt thrs is a Criminal Petition filed under Section 5i3 of BNS (Sec: 482 Cr.P.C). Section 528 in Bharati'a Nagarik Suraksha Sanhita, 2023 is as follows: "528. Saving of inherent powers of Iligh Court: Nothing in this Sanhrta shall be deemed to Lin-i or aflect the inherent powers of the Fligh Cou: to m:rl<e such orders as may be nccessarv to givc '' ect Lc arly orcler under this Sanhita, or to prevent:rl: lse ol the process of any Court or otherwise to s(r( ure thc cn c.l s of .justice ."

45. Question which further falls for consideril ion is what amollnls to, an abuse of process of law, in the p :esent facts oi the case. The high Court by its order in W.P '1o.31271 of 2016 dated 22.i1.2023 held that the accus': l/ petitioner herein is ar-r cligible person to receive Ri\ R benefits. Whether the act of inrtiating criminal procee I ngs on the basis of instructions of District Collector (z-r rayed as a party in the u,rit petition), without complying he order of learnect Single Judge curtailing the freedorrL of life and .1,\K,.1 (jl.P.No 15507 al2024 liberty, guaralteed under Article 21 of the Constitution of India, is bonaficle.

46. The jurisdiction of this Court under Secrion 528 ol BNSS is lo prevetlt abuse of thr: process of an_v Court or otherwise to secure the ends of justice . It is an inherent pou/er to be exercised to secure ends of justice in a given case. Once a complaint is lodged and an FIR is registered, Criminal I arr*, is set irr motion. [n other rvords, thc complaint is the genesis for criminal las. to be set into motion. The basis of thc complaint is noL bona .ficle, acL or acts of District Collector and authoritics directrng to initiate criminal proceedings definitely amounts to abuse ol process of Court, impacting the life and liberty ol individual, violating Art 21 of The Constitution of India. The criminal petition deserves to be allou,ecl. .lltc genesis undoubtedly is on the basis of directions cmanatir_rg from the office of District Collector.

47. Good governance is the hall mark of the offices of State Government, Officers manning the district administration, cannot rnitia.pz criminal proceedings, 36 . 11i, J !',\o 1a5a.'ot lta,1 \ ,ithout there being an1, basis as requirecl uncler lau'. lssuing directrons to initiate civil and criminzri lroceedings curbing the ft'c'edom of life and liberty gual-.,r teed under Article 2l of Conslitlltion of India is rrot a bon( 'ide acL

48. I?ulc of Larv is suprcme, no offic-' of State Governmcnl can initiate procccdings in drsrt:g I d ol Rule of Lau', il such vrolations arc permitted, it rvoul(l I e antithesis to Rule ol Lau'ancl such acts are impermissibi ' under lau', thev nced detcrrel)t actron

49. Learned Additional Advocate General su )m itted that necessary bencfirs are bcing pro,.,ided to indiv r uai and FIR registerecl on 15.1 1.2024 for t.he offence undcL Section 420 of IPC are w,rthdrau'n. Lcarned Additional Aclv:;:ate General quo ted ''?cr Erz is Huntan, To Forgiue is Diuine

50. This Court takes note of the quote. Btrt, rvhether the acts ol hcad of the district administration of i district are mere mistakes or errors committed inadr,t'. tently or 1n disregard to Iiule of Laiv hal\,c Lo be determ i. Led from the lacts and circurnstances cf t\ E CASE Acts p,: petrated are 31 (:r! | \a i5507 or ..t)),1 grave ln nature, as held supra, are not bona fide, such acts if permitted to go unchecked in a democratic set up, w.ould lead to chaos, upsetting the very fabric of the democratic socicty. District Administration has to be rcsponsiltle ancl lunction ri ithin tl-re bounds of laq., any o\:crrcach ,,r,ould rrot onl\r be an impediment for eflicient and cffective adm ir-ristration, but r,r,ould also erode thc taith of citizens in a democratrc setup.

51. I{aving considered the entire factual matrix of thc casc this Court is of the opinion that tl-re office ol Chiei Secretary for the State of 'l'clangana, shal] takc not,e of thc acts committed by the District Collector, rr.,hi<:h cxhibit a disregard for Rule of Law, this Court expresses its strong displeasure of such acts of District Collector w,hich curtailed the life and liberty of petitioner/ accused for reasons unknown to law, violating Article 21 of The Constitution of India. This Court deems it appropriate thar the office of Chiel Secretary be dirccted to reprimand thc District Collector, so that he restrains himself in future from committing such acts. Initia-lly, this Court u.as 38 - 1) \rt. t5:;07 at )421 incline d to takc a firm action, but, it restrains i self keeprng in vier'r' thc long LL'nurc of the Officer. The ChieI Secretar v is directed rr:primar-rd thc offlcer, as held supra.

52. This (lourl appreciales the submissions nade by the Aclclitional Advocate General, yet, rn tht: facts and circumstanccs, this Court cannot ignore the a(:s of district collcctor directing rcspondcnt No.2, tl-rrough t te offices of RDO to initiate c ir,il and crimrnal proceedings against the petitiorrcr/irccuscd. '1'his Cor-rrt also exprcss:s its cieep appreciation for tlre assistanr:e rendered br, .he Learned Senior Cour-rsel Avinash Desar I \ I ! I ! I ; I i ! I

53. C)fficc r-ro lt:ss than that of District Co l :ctor, Head, Dist rict A r I m in ist ratio r-r, pla,r,ed a pivotal ole and 1s instrumenlal in initiating the criminaI troceedings It refle cts lhe office of District Collector i r poor light Drsrespect for Rr,rlc of Larv and the orders ol- t tis Court, is apparent from the facts and the acts. Actr; perpetrated shocks the conscience of this Court, nothing r tore is to be t ( l I penned. 39 C.l P.nb-ts5O7 aj 2A2.1

54. For reasons aforesaid, thc Criminal petrtion deserves to be allorned. Proceedings in Crimc (F.llt) No.592 of 2021 on the file of Vemulawada To,,r.n [)olicc Slation, Rajann:r Sircilla District, rcgistered for offcncc unde r Sectio o 420 of iPC vide FIR datcd 05.1i.2024 dcserves Lo be quashecl.

55. Be that as it may, as it is inforured to this Court that the criminal proceedings initiatcd are withdrar,vn, no orders are re quircd to be passed. Criminal petition stands allou.cd. Miscellaneous appli<:ations, if ar-n'. pcnding shall stand closed //TRUE COPY// . SD/- C. DEEPIKA ISTANT REGISTRAR ECTION OFFICER ONE FAIR COPY TO THE HON'BLE SRI JUSTIC (FOR HER LORDSHIPS KIND PER USAL L KUMAR JUKANTI ) I To, Diskict

1. The Judicial First Class Magistrate at Vemulawada 2. The station House officer, Vemurawada rown poiice station, Rajanna Sircila 3. 11 L.R. Copies 4. Copy to the Chief Secretary for the State of Telangana 5. Two CCs to the pubric prosecutor, High court forihe state of rerangana at 6. One CC to Sri. V V Ramana Rao Advocate tOpUCl 7. Two CD Copies Hyderabad [OUT] KPS/PSL HIGH COURT DATED:2310912025 ORDER CRLF.No.15507 of 2024 I 7z .a -t; it- 14 :) I 2 I JAN 2[26 * (. i rA ii:t- a CRIMINAL PETITION IS ALLOWED