This Writ Petition challenged a notice issued by a police officer to fill pits on patta land. The court held that the police officer lacked jurisdiction to issue such a notice and set it aside.
The notice dated 11-2-2012 issued by respondent No.3 to fill pits is set-aside.
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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.6130 of 2012
Date : 12-12-2013
Between : Chekuri Kishore Babu and another .. Petitioners And
The State, represented by the District Collector, Khammam District, at Khammam and others .. Respondents
Counsel for petitioners : Sri V.R. Avula Counsel for respondent Nos.1 & 2 : Assistant Government Pleader for Revenue Counsel for respondent No.3 : Assistant Government Pleader for Home
The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside notice dated 11-2-2012 whereby respondent No.3 has called upon the petitioners to fill the pits allegedly dug by petitioner No.1 over the patta land belonging to his mother.
No counter affidavit is filed by respondent No.3.
A perusal of the impugned notice shows that respondent No.3 has called upon petitioner No.1 through the said notice to fill the pits allegedly dug by the latter. Besides issuing the said notice, respondent No.3 has also registered an F.I.R. against petitioner No.1 for the offence under Section 341 IPC.
The learned Assistant Government Pleader for Home is unable to state the statutory provision under which the respondent No.3 is empowered to issue the notice such as the impugned one.
Being the Sub-Inspector of Police, respondent No.3 is liable to discharge his functions within the parameters of the Indian Penal Code, 1860 and the Criminal Procedure Code, 1973. Having registered the criminal case, respondent No.3 can pursue the same. As the impugned notice is in excess of the jurisdiction of respondent No.3, the same cannot be sustained and it is accordingly set-aside.
The Writ Petition is allowed.
As a sequel to the disposal of the Writ Petition, WVMP No.1852/2012 is disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 12-12-2013
AM
3 issues framed by the court
Whether a Sub-Inspector of Police has jurisdiction to issue a notice to fill pits over patta land.
Whether the impugned notice is in excess of the jurisdiction of the police officer.
Whether the FIR registered by the police is sustainable against the petitioners.
Chekuri Kishore Babu and another
The State, represented by the District Collector, Khammam District, at Khammam
others
District Collector, Khammam District
C.V. Nagarjuna Reddy
As recorded by the court registry
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