Andhra Pradesh High Court - Amravati
Sri N Bhaskar Naidu vs The State Of Andhra Pradesh on 8 January, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAJRAVA
WEDNESDAY ,THE EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY FIVE
:PRESENT.-
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL REVISION CASE NO: 1271 OF 2024
Betwee n :
sri N Bhaskar Naidu, S/o N. `Sanjeevi Nal-du, R/o M.A.Rajulakandriga Village,
K\/B Puram Mandal, Tirupathi District, Andhra Pradesh.
Petitioner
AND
1. The State ofAndhra Pradesh, Represented by its public prosecutor,
Hl-gh Court of A.P., at Amaravati.
2. The Tahsildar and MandaI Executive Magistrate, TI-ruPathi Rural
Mandal, Tl-rupathi District.
3. Sri S.G Pandurangan, s/o late s.T. Ganapathi Moddallat R/o
D.No.2/92, Chavadi Street, Ekambrakuppam, Nagari Mandal, Chittoor
District.
Respondents
WHEREAS the Petitioner above named through hI'S Advocate SrI' VENRAT CHALASANl presented this Revision filed under Section 397 and 401 of Cr.P.C.(Section 438 & 442 of BNSS), praying that in the circumstances stated I-n the affidavit filed in support of the crimI®nal Revision Case, the High Court may be pleased to set aside the orders passed by Respondent No.4, vide ROC.AI180/2024 dated 23.10.2024 under section 164D (1) of BNSS, Prohibiting the petitioner's entry and occupation of the disputed lands in Survey No. 255/1Bl to the extent of Ac.0.21 cents at Thiruchanur Village, by both petitioner and 5th respondent and their men until further orders and 4th respondent improperly exercised his authority in issuing such an order as illegal, arbitrary, and I-n violatI'On Of Principles Of natural Justice under Articles 14, 21, and 300A Constitution of India.
AND WHEREAS the High Court upon perusing the petition and / memorandum of grounds filed herein and upon hearing the arguments of sri VENKAT CHALASANI Advocate for the Petitioner, directed issue of notl'ce to the Respondents 2 and 3 hereI®n tO Show Cause aS tO Why this CRIMINAL REVISION CASE should not be admitted.
You vl-z:
1. The Tahsildar and Mandal Executive Magistrate, Tirupathi Rural Mandal, Tirupathi District.
2. Sri S.G Pandurangan, s/o late s.T. Ganapathi Moddallat R/o D.No.2/92, Chavadi Street, Ekambrakuppam, Nagari Mandal, Chittoor District.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith(copy enclosed ) this CRIMINAL REVISION CASE should not be admitted within eight weeks or before o1.07.2024 to date the case stands posted for hearing.
lA'NO: 2 OF2024 Petition under section 151 CPC prayl-ng that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the orders passed by Respondent No.4, vide ROC.AI180/2024 dated 23.10.2024 under section 164D (1) of BNSS prohI-bill-ng the petitioner's entry and occupation of the disputed lands in survey No. 255/1Bl to the extent of Ac.0.21 cents at Thjruchanur vI-llage, by both petitioner and 5^^ respondent and their men until further c;rders and 4th respondent improperly exercI'Sed his authority in issuing such an order, pending disposal of CRLRC No. 1271 of 2024, on the file of the High Court.
The Court made the followI'ng: ORDER f{lssue notice to respondent Nos.2 and 3.
Learned counsel for the petitioner is permitted to take out personal notI-Ce to Respondent Nos.2 and 3 by Registered post with Acknowledgment Due and file proof of service within a period of three . (3) weeks.
Heard. perused the record.
On perusal of the materI-al on record goes to sJnow that civI-I suits are pending I-n between both the parties in respect of subject property. NotwI-thStanding the same, the Mandal Executive Magistrate, TirupatI- Rural lVIandaI, has initiated proceedI'ngS under Secti'on 164D(1) of the BNSS.
ln the above cI-rCumStanCeS, this Court is of the opinion that when cI-VltSuitS are pending before the competent courts I-n respect of the fz- subject property, inI-tiatI-On Of the proceedings under sectI-On 164D(1) of the BNSS, would lead to multI-PliCity Of litigation.
In vI-eW Of the aforesaid facts and circumstances, there shall be an jnterI-m Stay of ROC|A/180/2024 dated 23.10.2024 issued under section 164D(1) of BNSS by 2nd respondent, for a period of twelve (12) weeks.
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Post after eight (8) weeks. "
sD/- B.PRASAD RAO
ASSISTANT REGISTRAR
: `".`
//TRUE COPY//
To,
SECTION OFFICER
_-----------_
I- I-
1. The Tahsildar and Mandal Executive Magistrate, Tirupathi Rural Mandal, Tirupathi District.
2. Sri S.G Pandurangan, S/o late S.T. Ganapathi Moddallat R/o D.No.2/92, Chavadi Street, Ekambrakuppam, Nagari Mandal, Chittoor District.(Nos. 1 and 2 by RPAD-along w,:th a copy of petition and memorandum of grounds)
3. One CC to SRl. VENKAT CHALASANI Advocate [OPUC]
4. Two CCs to the PUBLIC, PROSECUTOR, High Court ofA.P [OPUC]
5. One spare copy psk I' i \ HIGH COURT SRK,J DATED:08/01 /2025 POST AFTER EIGHT WEEKS NOTICE BEFORE ADMISSION CRLRC.No.1271 of 2024 INTERIM STAY /JS~ ;S-r#Gtlfa i Cfi£;
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