ORDER : This writ petition is filed to quash the FIR No.298 of 2015 dated 22-7-2015 on the file of Karimnagar, I-Town Police Station, Karimnagar District registered for the offences under Section 447 IPC and Section 4 of A.P. Land Grabbing Prohibition Act, 1982 as illegal, arbitrary and contrary to the proceedings No.CT/5611/2013 dated 8-10-2013 of the 7th respondent and proceedings No.N/3827/2013 dated 3-5-2013 and No. 3828/2013 dated -6-2013 of the 8th respondent and the possession certificate issued by the 9th respondent vide certificate No.B1/781/2015 dated 28-2-2015 apart from violative of Articles 14,19, 21 and 300A of the Constitution of India. 2. The petitioner filed an affidavit in support of the petition submitting that he purchased land admeasuring 726 Sq.yards in Sy.No. 959, Ramchandrapur colony (Rampur Locality), Karimnagar Town under a registered sale deed document No.4865 of 2012 dated 3-5-2012 from Sri Poladi Laxman and Sri Poladi Ravinder through their registered agreement of sale cum GPA holder Sri Ponnam Mondaiah. Similarly he purchased land admeasuring 711 Sq.yards in Sy. No 959, Ramchandrapur colony (Rampur Locality), Karimnagar Town under a registered sale deed document No.5553 of 2014 from M/s Sannihitha Chits Funds Pvt. Ltd. Both the lands were abutting each other. M/s.Bharat Petroleum Corporation Limited had issued a notification for establishment of a petrol pump in the said area and pursuant to the notification, he applied for the dealership and made an application to the 7th respondent seeking NOC for installation of the retail outlet in his land. The Collector forwarded his application to the 8th respondent for enquiry and for grant of permission to establish the MS & HSD retail outlet in his land. The 8th respondent vide letter No.K/13175/2012 dated 1-7-2013 informed the Collector stating that there was no objection to grant license in favour M/s.Bharat Petroleum Corporation Ltd. to establish MS & HSD retail outlet in Sy. No.959 situated at Rampur village, Karimnagr Mandal and District. The DRO and Addl. District Magistrate, Karimnagar District issued No Objection Certificate as required under Rule 144 of Petroleum Rules 2002 on the basis of the reports submitted by various statutory authorities vide certificate No.CT/5611/2012 dated 8-10-2013. No.959 situated at Rampur village, Karimnagr Mandal and District. The DRO and Addl. District Magistrate, Karimnagar District issued No Objection Certificate as required under Rule 144 of Petroleum Rules 2002 on the basis of the reports submitted by various statutory authorities vide certificate No.CT/5611/2012 dated 8-10-2013. The 9th respondent issued possession certificate bearing No.B1/781/2015 dated 28-2-2015 categorically stating that as per the office record, he was the owner and possessor of the lands in Sy.No 959 to an extent of 1437.10 Sq.yards situated at Karimnagar Town and Mandal and the said land was adjacent to Sircilla bypass road. 3. The petitioner further submitted that apart from the above permissions from the various authorities, he obtained permission from the Karimnagar Municipality for establishing the retail outlet by the petroleum company and there after started the construction work on his land. As per the procedure prescribed by the petroleum company he also executed and registered a lease deed dated 4-3-2015 in favour of the Petroleum company vide document No.2069 of 2015 before the Sub-Registrar Karimnagar. While, the construction was in progress, the persons inimical to him and to his uncle appeared to have made a false and frivolous representation to the 3rd respondent alleging that he encroached into the land of Hasnapur village of Karimnagar District which was acquired for the purpose of LMD Dam. Basing on the representations given by such persons, the 3rd respondent along with respondent Nos.5 and 9 conducted a joint inspection over lands bearing Sy. No 48, 49 and 50 of Hasnapur village and Sy.No 945, 955 to 959 of Karimnagar Town and fixed the boundaries of the two villages and in such inspection alleged that it was found that he encroached upon the land falling in Hasnapur Village. 4. The petitioner further submitted that no notice was issued by the 4th respondent, who was holding the post of the 3rd respondent and behind his back conducted the joint inspection on paper without any physical and actual inspection and created a false panchanama to suit the complaint made by the persons inimical to him. Basing on the panchanama, the 4th respondent issued notice dated 17-6-2015 calling upon him to stop the construction work of petrol bunk and to vacate the land immediately. Basing on the panchanama, the 4th respondent issued notice dated 17-6-2015 calling upon him to stop the construction work of petrol bunk and to vacate the land immediately. He submitted his reply dated 27-6-2015 mentioning that his land did not fall under survey numbers of Hasnapur village but would fall under Sy.No.959 of Karimnagar Town. Inspite of his reply, the 4th respondent issued another notice dated 29-6-2015 once again calling upon him to stop the construction of petrol bunk and to vacate the land within 7 days. Upon advice he filed W.P. No.19563 of 2015 challenging the said notices. The said writ petition was withdrawn by him to challenge the entire proceedings itself. The Court vide order dated 14-7-2015 granted liberty to file a fresh writ petition while dismissing the writ petition as withdrawn. After dismissal of the said writ petition, the 4th respondent through the 6th respondent holding the post of 5th respondent got filed a complaint on 22-7-2015 before the 2nd respondent against him alleging that he encroached the SRSP encroached land in Sy.Nos.48, 49 and 50 of Hasnapur village. Basing on the said complaint the 2nd respondent registered FIR No.289 of 2015 dated 22-7-2015 under Section 447 IPC and Section 4 of the Act. 5. The petitioner further submitted that the Executive Engineer, Deputy Engineer of Irrigation Department together with the Tahsildar of Karimnagar Mnadal conducted survey and fixed boundaries of two villages, which was neither under their authority nor under the power vested with them. A survey for fixing the boundaries of two villages had to be done under the provisions of Survey and Settlement Act by the Department of Survey Settlement and Land records. There was no power vested with Executive Engineer or Deputy Engineer or the Tahsildar of one Mandal to conduct such survey for fixing the boundaries of two villages. No notice was issued to him before conducting such survey and fixing the boundaries. Therefore, the alleged survey was illegal and violative of principles of natural justice. On a reading of the complaint it would appear that the entire SRSP acquired land falling in Sy.Nos.48, 49 and 50 of Hasnapur village was fully submerged in LMD reservoir. If the entire acquired land was fully submerged, he was unable to understand as to how he could encroach upon the submerged land. On a reading of the complaint it would appear that the entire SRSP acquired land falling in Sy.Nos.48, 49 and 50 of Hasnapur village was fully submerged in LMD reservoir. If the entire acquired land was fully submerged, he was unable to understand as to how he could encroach upon the submerged land. His land was situated abutting the bypass road and not in the submerged LMD reservoir. The very same Tahsildar who issued the possession certificate to him issued a false report in collusion with the Executive Engineer and Deputy Executive Engineer. The complaint made against him was contrary to the No Objection Certificate issued by the Collector which was issued basing on the reports submitted by the various statutory authorities. The same was also contrary to the land conversion proceedings issued by the RDO and the permission granted by the Municipal Corp, Karimnagar. If at all a complaint had to be registered, the Collector, RDO and Tahsildar and other officials should also be shown as accused persons for the various reports and proceedings issued to him after thorough field inspection and record inspection. As criminal law was set into motion by the respondent Nos.4 to 6 and 9 in collusion with some persons inimical to him, having no alternative and efficacious remedy filed the Writ of Certiorari to quash the FIR. 6. A counter affidavit was filed by 5th respondent on behalf of respondents 3, 4 and 6 stating that one Sri Mengani Ellaiah S/o. Ramaiah R/o.Bhagath Nagar, Karimnagar had filed a petition in the Prajavani in the Office of the District Collector, Karimnagar stating that Sri. Nalimela Veeresham R/o. Karimnagar was illegally selling the SRSP acquired land in Sy.Nos.47, 48 and 49 of the then Hasnapur (V) mentioning the land as in Sy. Nos 956, 957, 958, 959 and 960 of Karimnagar shivar. Sri Mengani Ellaiah was selling the land at the rate of Rs. 10,00,000 per gunta and requested to enquire into the matter. It was submitted that as per award No. 1/78 dated 15-7-1978, the SRSP Circle has acquired land approximately Ac. 25000 and a part of land acquired admeasuring Ac. 6.03 gts was falling in Sy. No 48,49 and 50 of Hasnapur Village. The lands falling in Sy.No 958 and 959 were adjacent to the lands in Sy.No 48, 49 and 50. It was submitted that as per award No. 1/78 dated 15-7-1978, the SRSP Circle has acquired land approximately Ac. 25000 and a part of land acquired admeasuring Ac. 6.03 gts was falling in Sy. No 48,49 and 50 of Hasnapur Village. The lands falling in Sy.No 958 and 959 were adjacent to the lands in Sy.No 48, 49 and 50. The Tahsildar Karimnagar addressed a letter to the Superintending Engineer and requested to attend the joint survey on 9-6-2015. As per the directions of the Tahsildar Karimnagar, the respondent no 5 and field engineers attended the joint survey with the revenue department officers, Surveyor and Deputy Inspector of Survey on 9-6-2015. The joint survey team identified the village boundary between Hasnapur village and Karimnagar in Sy. No 48, 49 and 50 of Hasnapur sivar and Sy.Nos.956, 957, 958, 959 and 960 of Karimnagar respectively and conducted panchanama and fixed boundary stones. After fixing of village boundaries, it was found that certain encroachments were made in SRSP acquired land in Sy. No 48, 49 and 50 of Hasnapur village. The respondent no 9 addressed a letter to the respondent no 3 and requested to protect the SRSP land from encroachments by the encroachers. The petitioner had illegally encroached into the land of the respondents acquired for public purpose. The 3rd respondent issued notice to the petitioner to stop construction work and to vacate the land immediately but the petitioner continued the construction activity by giving a formal reply. The 3rd respondent issued a second notice. The petitioner intentionally neglected the second notice and accelerated his construction activity. The petitioner filed WP No. 19563 of 2015 to set aside the notice dated 17-6-2015 issued by the 3rd respondent. However, the writ petition was dismissed as withdrawn. Inspite of receiving the notices as the petitioner continued with the illegal construction, the respondent No.5 was constrained to file the complaint and an FIR was registered on 22-7-2015 at I-Town Police Station, Karimnagar District. After a long correspondence between the Irrigation Department, Revenue Department and Survey and Land Records Department, the survey/panchanama was completed on 23-2- 2017 and the report of the Asst. Director of Survey and Land Records office Krimnagar was received on 7-4-2017. In the said report it was clearly indicated that the petitioner had encroached the SRSP land in Sy. After a long correspondence between the Irrigation Department, Revenue Department and Survey and Land Records Department, the survey/panchanama was completed on 23-2- 2017 and the report of the Asst. Director of Survey and Land Records office Krimnagar was received on 7-4-2017. In the said report it was clearly indicated that the petitioner had encroached the SRSP land in Sy. No 48, 49 and 50 of Hasnapur Village to an extent of 451 sq. mts by constructing the petrol bunk compound wall. After receipt of the report, notices were issued to the petitioner on 7-9-2017 and on 16-9-2017 respectively for vacating the SRSP/Government land immediately. As such a prima facie case was made out against the petitioner for land grabbing and a detailed enquiry needed to be conducted. Unless the investigation was completed, the truth or otherwise would not come to light and prayed to dismiss the petition. 7. Heard the learned counsel for the petitioner, the learned Government Pleader for Home for respondents 1 and 2, and the learned Government Pleader for Irrigation for the respondents No.3 to 6. 8. The learned counsel for the petitioner had taken the court through the various documents filed by him along with the writ petition i.e., the copy of the sale deeds, the letter issued by the RDO Karimnagar to the District Collector, Karimnagar reporting no objection to grant license to establish the retail outlet in favour of M/s.Bharath Petroleum Corporation Ltd Warangal in Sy.No.959 at Rampur village at Karimnagar. The possession certificate dated 28-2- 2015 issued by the 9th respondent, the proceedings of the RDO for conversion of agricultural land for non-agricultural purpose dated 3-5-2013 and -6-2013, the lease deed dated 4-3-2015 between the petitioner and Bharath Petroleum Corp Ltd., the notice issued by the 3rd respondent dated 17-6-2015, the reply given by him dated 27-6-2015, the second notice issued by the 3rd respondent dated 29-6-2015, the order in WP No.19563 of 2015 dated 14-7-2015. He also filed the photograph of petrol bunk along with the compound wall to show that if there was any encroachment, the land would have been inundated and submerged, a huge bund would be constructed around the reservoir, as such the land encroached would have fallen inside the bund but not outside the bund and contended that no notice was issued to the petitioner or to the vendor of the petitioner before conducting joint survey by the Irrigation and Revenue Departments, the complaint filed by R5 would go against the proceedings issued by the Collector, RDO and Tahsildar and prayed to allow the petition. 9. The learned Government Pleader for Irrigation submitted that the Survey report would indicate that the SRSP land was encroached and the petitioner had encroached to an extent of 451 Sq.mts and constructed the compound wall of the petrol bunk in the encroached land, as such there was a prima facie case against the petitioner which needed to be investigated and prayed to dismiss the petition. 10. Perused the record. The complaint was given by the 6th respondent in the capacity of 5th respondent on 22-7-2015 to the 2nd respondent against the petitioner after identifying the encroachment made by the petitioner on conducting joint survey along with the Revenue Department officers, the Surveyor and the Deputy Inspector of Survey on 9-6-2015. They also issued notices to the petitioner prior to lodging the complaint. The contention of the petitioner that no notice was issued to him prior to conducting the joint survey and the officers who conducted the survey were incompetent to conduct the survey cannot be gone into in this writ petition. The disputed questions of facts whether there is any encroachment or not cannot be decided in this petition. The said facts have to be decided in a properly constituted suit. As the panchanama and the Tippon No.48/49 of Hasnapur village filed by the 5th respondent in the vacate stay petition IA No 1 of 2018 in WP MP No.30732 of 2015 would prima facie disclose that the petitioner encroached 451 sq.mts of SRSP land and constructed the compound wall of the petrol bunk in the encroached land, it is considered not a fit case to quash the FIR, as the truth or otherwise of the allegations would only come to light after the investigation is completed. 11. 11. In the result, the writ petition is dismissed. No costs. Miscellaneous petitions pending, if any, shall stand closed.