Andhra Pradesh High Court - Amravati
Rahamtulla. Sk. Shaik Rahamthulla vs The State Of Andhra Pradesh on 8 October, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5613 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A5 in the event of his arrest in connection with Crime No.292 of 2021 of Podili Police Station, Prakasham District registered for the offences punishable under Sections 447,468, 471, 409, 420 of the Indian Penal Code, 1860 and Sections 4 and 5 of the Andhra Pradesh Land Grabbing Act, 1982 (for short „Land Grabbing Act‟).
2. The case of prosecution is that a report was lodged by Tahsildar, Podili Mandal, Podili, Prakasam District alleging that the lands in Sy.No.840 to an extent of Ac.0-90 cents, Sy.No.833, and extent of Ac.0-87 cents classified as Vagu Poramboku and and extent of Ac.1-58 cents in Sy.No.480/1 classified as Kunta Poramboku of Podili village, are controlled by the Irrigation Department for maintenance and for protection purpose. But A1, former Panchayath Secretary, Podili Grama Panchayath, A2, Panchayath Secretary, Podili, A3, DEE, Irrigation, Sub-Division, Podili, A4, Municipal Commissio9ner, Podili, A5, Town Planning staff and A6 failed to discharge their legitimate duties and they never objected from encroachments of above said lands. A6 created fabricated documents with false survey numbers and executed registered documents in favour of encroachers. A3 allowed constructions in the said lands. A1 has given permission 2 to A6 and others for providing canal from Temple to Thollamadugu for free passage of waste water being used by devotees. Basing on the said complaint the present crime is registered.
3. Heard Sri Challa Ajay Kumar, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that petitioner who is Architecture Draftsman in the office of the Director of Town and Country Planning, Government of Andhra Pradesh, Mangalagiri was deputed to work in the same capacity in the office of Ongole Urban Development Authority and further vide proceedings dated 10.04.2021 he was temporarily posted as draftsman in the office of the Commissioner, in newly constituted Podili Nagara Panchayat on OD basis to work there for three days in a week on administration grounds to look after town planning activities, election related works, etc., until further orders.
5. Learned counsel for petitioner further submits that the name of the petitioner is not mentioned in the report dated 01.10.2021 given by Tahsildar wherein it is stated that certain extent of land which is classified as kunta poramboke of Podili village and was under the control of Irrigation Department was encroached and as the petitioner and other officers failed to discharge their duties in protecting the land, action was recommended against said officers, but strangely in the FIR, petitioner is shown as A5. He submits that under the Right to Information Act, he has obtained material 3 to show what the duties to be performed by draftsmen are and the relevant portion is extracted hereunder:
1. To prepare drawings as per instructions.
2. To carry out physical, socio-economic, traffic surveys and plotting using the information in specified time.
3. To prepare plans using the information so collected/plotted to the required scale and in specified format in specified time.
4. To enlarge/reduce drawings to the required scale using the instruments in vogue in specified time.
5. To compute areas of the land / structure etc.,
6. To demarcate the drawings at site.
7. To check and verify the drawings at site.
8. To carry out detailed measurements and prepare measured drawings in specified time.
9. To interpret and prepare base maps using the information collected from different agencies.
10. And any other work assigned from time to time."
6. Learned counsel for the petitioner submits that petitioner has taken charge in the said post on 11.04.2021 by which time encroachments were already in existence and if at all any encroachments have taken place it is not part of the petitioner‟s duty to protect the same and hence, he cannot be held responsible for the alleged encroachments. He further submits that in fact encroachers have filed writ petitions before this Court and obtained interim orders and till now the said orders are in force. Hence, the petitioner‟s case may be considered for grant of pre- arrest bail.
7. On the other hand, learned Assistant Public Prosecutor submits that A6 has encroached upon the land belonging to 4 Irrigation Department and made constructions. He submits that all the officers conspired and facilitated A6 in completing the constructions. He further submits that investigation is pending and one witness is examined, as such petitioner is not entitled for pre-arrest bail.
8. Taking into consideration the fact that by proceedings dated 10.04.2021 petitioner was posted on OD basis for three days in a week to the newly constituted Podili Nagara Panchayat by which time encroachments were already in existence as well as the fact that as per the proceedings obtained under the Right to Information Act protection of lands from encroachers is not the duty of the petitioner and unblemished service of 32 years of the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
9. Accordingly, this Criminal Petition is allowed. The petitioner/A5 shall be released on bail in the event of his arrest in connection with Crime No. 292 of 2021 of Podili Police Station, Prakasham District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Podili Police Station, Prakasham District. The petitioner shall cooperate with investigation.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :08.10.2021 IKN 5 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI allowed CRIMINAL PETITION No.5613 of 2021 08.10.2021 IKN 6 Learned counsel for petitioner further submits that a report was given by Tahsildar on 01.10.2021 wherein it is stated that certain extent of land which is classified as kunta poramboke of Podili village and was under the control of Irrigation Department was encroached and as the petitioner and other officers failed to discharge their duties in protecting the land, action was recommended against said officers. It is further stated in said report that Collector and District Magistrate, Prakasam District, Ongole has directed to file criminal complaint against four officers under the provisions of IPC as well as Land Grabbing Act.
6. Learned counsel for the petitioner submits that in the report given by Tahsildar, the name of the petitioner is not mentioned, but strangely in the FIR, petitioner is shown as A5. He submits that under the Right to Information Act, he has obtained material to show the duties to be performed by draftsmen and the relevant portion is extracted hereunder:
1. To prepare drawings as per instructions.