A
C.V. RAJA RAO AND ANR.
v.
MIRZA BASHEER BAIG AND ORS
APRIL 30, 1996
B
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.)
Code of Criminal Procedure, 1973 :
Sections 145, 146-1njunction orders in favour of petitioners-Police
C not giving aid-High Court quashing initiation of proceedings-However it
directed that some high official of the Survey Department be deputed to
inspect the site, localise the suit land-Magistrate to complete the enquiry
under S. 146 and pass final order within three months-Held, High Court's
directions to be complied with.
D
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
662 OF 1996.
From the Judgment and Order dated 2.4.91 of the Andhra Pradesh
High Court in Cr!. P. No. 334 of 1991.
E
A. Raghuvir and T.V. Ratnam for the Appellants.
K. Madhava Reddy, D. Ramakrishna Reddy, Ms. D. Bharathi Reddy
and G. Prabhakar for the Respondents.
.
F
The following Order of the Court was delivered :
Leave granted.
This appeal by special leave arises from the order of the High Court
dated April 2, 1991 made in Criminal Application No. 334/91. It is not
necessary to narrate in elaboration all the proceedings that have taken
G place between the parties. Suffice it to state that in respect of the lands
bearing Survey No. 202 situated in Lallaguda in Secunderabad of Andhra
Pradesh which is now part of the city of Hyderabad, an extent of 4922 sq.
yds.
is in dispute. Several proceedings have taken place between the
parties narration of which is not material. The High Court in quashed
H proceedings of the initiation of the action under sections 145 and 146 of
114
t
C.V.RAJARAO v. M.B.BAJG
115
the Cr. P.C. gave the following directions :
A
"Since there are some allegations that the police were not giving
aid to the petitioners even though there are injunction orders in
their favour. I feel it is desirable that some high official of the
Survey Department like the Assistant Director of Survey may be
directed to inspect the suit land and localise the suit land with the B
assistance of a Inspector of Survey with reference to the survey
records. The learned Magistrate then under Section 146 Cr. P.C.
may complete the enquiry expeditiously and pass final orders.
Since the parties are fighting out the matter since a long time, the
learned Sub-Divisional Magistrate is directed to dispose of the
C
matter expeditiously and pass final orders, preferably within a
period of three months from today."
In view of the above d.irections, it would be necessary that the Survey
Department should demarcate the land, localise the same \vith the assis-
tance of the Inspector of the Survey and Land Record as directed by the D
High Court and the Magistrate would take action pursuant to the report
thereof according to law. In view of the facts in this case, we think that it
is not a case warranting interference under Article 136 of the Constitution.
We are not expressing any opinion on merit since proceedings are pending
af· different stages in different courts. Whatever proceedings have been
taken place, will be subject to the appropriate orders.
The appeal is accordingly dismissed.
G.N.
Appeal dismissed.
E
Lex