THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 22280 of 2014 Date of Judgment: 20.9.2014 Between:
Nellimarla Jute Mills Company Limited …Petitioner And The State of A.P. and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 22280 of 2014 ORDER:
Heard learned counsel for the parties.
The petitioner is a company which has approached this Court by the present writ petition alleging that the proceedings initiated by the fourth respondent-Tahsildar & Mandal Executive Magistrate under Section 145 of Cr.P.C. vide MC No. 52 of 2014, dated 17.7.2014 is not being implemented by the respondents.
It is stated that the petitioner-company owns vast extent of land admeasuring Ac.189-27 cents situated at Nellimarla village in Vizianagaram district which was initially acquired under a registered lease from the then ruler of Vizianagaram for the purpose of constructing houses for workmen and spinning and weaving factory etc. It is stated that the main factory and rest of the land were developed as staff quarters, workers quarters, executive’s quarters, guest house, Hanuman temple, school and college buildings etc for the workmen children, cyclone shelter etc. It is further stated that there were perennial problem of encroachments into parts of the said land which led to the petitioner- company filing suits i.e., O.S.No. 2 of 2003 on the file of the Addl. District Judge, Viziamnagaram where the petitioner succeeded in getting orders of eviction against the encroachers and against the said orders, an appeal is stated to be now pending vide AS No. 20 of 2014 before this Court and another suit in O.S.No. 161 of 2004 on the file of Senior Civil Judge, Vizianagaram for declaration and other reliefs and temporary injunction appears to have been granted in favour of the petitioner. Apart from that, the petitioner had also filed WP No. 30745 of 2011 before this Court challenging the interference by the Government and the said writ petition was also admitted and an order of status quo is stated to have been passed which is in operation from 23.11.2011.
While the matter stood thus, it appears that there were several attempts of encroachment by third parties and aggrieved thereby, various complaints were made to the revenue authorities as well as to the police authorities which ultimately led to the fourth respondent invoking the provisions of Section 145 of Cr.P.C. vide MC No. 52 of 2014 wherein he passed a preliminary order restraining the ‘A’ & ‘B’ parties from entering into the land under dispute in Sy.Nos. 30/2, 45/1 and 45/2 situated at Nellimarla village until disposal of the cases pending before this Court as well as before the civil courts. It appears that because there were violations of the order under Section 145 of Cr.P.C., it was brought to the notice of the fourth respondent who issued a memo dated 31.7.2014 to ‘A’ and ‘B’ parties under the proceedings of Section 145 of Cr.P.C. and directed the sixth respondent to inquire into the matter and initiate appropriate action against the persons who violated the order. The petitioner, however, states in his affidavit that in spite of the said memo having been issued and the directions given, there is no effective implementation of the order under Section 145 of Cr.P.C. and that the villagers and third parties have been continuously violating the said order and taking up illegal constructions and opening shops etc.
Learned Government Pleader for Revenue, who has taken instructions from the fourth respondent, has filed a detailed counter on his behalf. Paragraphs 5, 7 and 8 of the said counter-affidavit are appropriate to be extracted hereunder, which are as follows, “5. According to the request of the Station House Officer, Nellimarla a Joint Survey with R & B officials is conducted in the presence of police and it is decided that the constructions which are going on are existed in disputed land, but not in R & B road Margin Land.
6………..
7. The Management of the Nellimarla Jute Mills Co. Ltd has submitted an application to the Mandal Executive Magistrate that the orders under Sec. 145 Cr.P.C. is not implemented and illegal constructions are going on in the disputed land. A Memo was given to the S.H.O. Nellimarla in this regard, and he replied that he has kept police picket with one ASI, HC and Four PCs to avoid violation of Section 145 Cr.P.C. orders and to keep peace and tranquility in the village.
8. The S.H.O. Nellimarla registered cases against 5 persons who violated the orders under Sec. 145 Cr.P.C. vide F.I.R. No. 99/2014, 100/2014, 102/2014, 104/2014 and 113/2014 under Section 447 IPC and 34 IPC. It is submitted that the order under Section 145 Cr.P.C. is not violated and the copies of the connected documents are herewith submitted.”
The learned Government Pleader for Revenue has also annexed a copy of the reply issued by the sixth respondent in response to the directions given by the fourth respondent under memo dated 31.7.2014 and the relevant paragraph of the said reply will also show considerable light on the issues raised herein and it is extracted below, “Further submit that I informed to my superior officers, and kept a police picket with one ASI, Head Constable and four Police Constables total 6 police personnel to avoid violations of Sec. 145 Cr.P.C. orders and keep peace and tranquility in the village. The said police personnel moved round the clock in the disputed area and also I have conducted regular checking in the said places and found no violations at the disputed places. I will take action in this connection against the general public, who constructs the houses and violate the orders of Honourable Court of MEM-Nellimarla.”
Though the learned counsel for the petitioner has filed a reply-affidavit to the counter-affidavit of fourth respondent, the petitioner has not disputed the steps taken by the sixth respondent to implement the order under Section 145 of Cr.P.C. by deploying police personnel at the disputed land round the clock, but alleges that in spite of it, illegal constructions and illegal encroachments are still going on.
It is evident from the facts narrated above that the proceedings under Section 145 of Cr.P.C. are pending with the fourth respondent and it is also evident that necessary steps have been taken by the fourth respondent to ensure the implementation of the said order from the counter- affidavit of fourth respondent as well as letter from the sixth respondent extracted above. It is also stated that to the extent of violators, five different FIRs have so far been registered by the sixth respondent and they are pending investigation. Since the respondents 4 and 6 have stated that they would take all the necessary steps for effective implementation of the order under Section 145 of Cr.P.C. on the ground, in my view, the relief sought for by the petitioner is too general and vague to be granted.
Keeping in view the above facts and circumstances of the case, the respondents 4 and 6 are directed to ensure effective implementation of the order under Section 145 of Cr.P.C. and further directing the sixth respondent to complete the investigation in the cases registered against the violators and file final reports/charge sheets in accordance with law. The petitioner is also at liberty to take further steps and remedial measures, available to him in law, if so advised, with a view to protect his property.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 20.9.2014 KR