DEVINENI NAGABHUSHANAMMA Vs. STATE OF A.P.
LAWS(APH)-2019-10-19
HIGH COURT OF ANDHRA PRADESH
Decided on October 18,2019

Devineni Nagabhushanamma Appellant
VERSUS
STATE OF A.P. Respondents

JUDGEMENT

U Durga Prasad Rao, J. - (1.)Challenge in this Criminal Petition at the instance of the petitioners is to the order in MC No.120 of 2019, dated 11.07.2019, passed by the learned Tahsildar and Mandal Executive Magistrate, Rajampet (2nd respondent), restraining all the parties concerned from entering upon the disputed land in Survey No.941 in an extent of Ac.0.46 cents, Survey No.942 in an extent of Ac.0.15 cents, Survey Nos.943 and 944 in an extent of Ac.1.37 cents and Survey No.804 in an extent of Ac.0.13 cents of Rajampet village.
(2.)The Station House Officer, Rajampet Urban Police Station, brought to the notice of 2nd respondent herein that there is a land dispute between A.B. Ram Mohan Reddy and A.B. Siva Reddy with regard to the aforesaid land i.e., land in Survey Nos.942 to 944, which is classified as patta land, and land in Survey Nos.941 and 804, which is classified as rastha poramboke of Rajampet village as per R.S.R. One A.B. Siva Rami Reddy, S/o.Late A.B. Sesha Reddy and grand son of A.B. Adeppa Reddy has occupied the above lands of the coparceners in which he has no right. However, both the parties i.e., A.B. Ram Mohan Reddy and A.B. Siva Reddy are claiming ownership over the aforesaid land and frequently involving in dispute, causing disruption to the peace and harmony of the public. Besides Dr.B.Kiran Kumar and Smt.D.Nagabhushanamma, W/o.D.Krishnaiah Naidu are also making construction of two houses over the said disputed land and there is every possibility of committing the act of trespass into the said land by all the parties. There were no genuine documents regarding title or ownership of the land. Due to the disputes among them, law and order problem is being created. On the report of concerned Station House Officer, 2nd respondent having been satisfied that there is a likelihood of breach of peace in the village, promulgated the order under Section 145 Cr.P.C. restraining all the parties concerned as there is every possibility of their entering into the disputed land. Same is being challenged by the petitioners in the instant petition.
(3.)Heard learned counsel for the petitioners, learned Additional Public Prosecutor and perused the record.
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