GHMC additional commissioner booked under SC/ST Act

The police filed the case after III Additional Metropolitan Magistrate Court on 15 March asked the assistant commissioner of police at Uppal to file a report.

Details of the case

Ch. Bayanna, a resident of Sri Aravinda Enclave in Chengicherla village under Boduppal mandal in Medchal Malkajgiri district, purchased an open plot in the enclave in 2016 which was then sold to his son in 2017 who constructed a house there.

According to Bayanna, on 21 July 2018, he saw that local realtors who were well aware of their caste tried to encroach on the colony/public park which was adjacent to his plot. The realtors were seen carrying some religious flags and an idol-like structure. They were also shouting slogans and were seen installing such material in the park premises.

When Bayanna objected to their actions, the realtors alleged that lands adjacent to Bayanna's were not getting sold because he belonged to a Scheduled Caste. Meanwhile, some residents - Miryala Kumar Swamy, Nallategala Kumar, Gogula Mallesh Yadav, Birudu Gopal, Rupani Anjaiah, and Posamaina Venugopal - started abusing the complainant's family.

The family complained to the police but they said the matter pertained to the municipality and they should file a complaint there. Bayanna then approached the then Budappally municipal commissioner R. Upender Reddy and filed a complaint. "He took no action on our complaint," said Kiran Kumar, Son of Bayanna

Following this, the local people registered complaints against Bayanna and his sons stating that they have allegedly encroached on the park land. Mr. Upender acted upon these people's complaints and revoked the building permission of Mr Bayanna and filed a police complaint based on the complaints of the local residents. The police arrested Bayanna and his son Ch. Kiran Kumar on 26 August 2019 and put them in remand for 21 days.

Mr. Kiran Kumar argued that there was a road between their plot and the park that was built by the HMDA. "How is it possible for us to encroach on the land? It was all done by Upender Reddy and local residents to harass us," he said.

After coming out of jail, they filed a petition in court alleging harassment by Mr. Upender Reddy.

Upon that the court observed, "The concerned police have not taken any action (against Upender Reddy and local residents). On perusal of the record, it is found that a prima facie case is made out and it requires a detailed investigation. Hence, the matter is referred to the assistant commissioner of police, Malkajgiri."

On 6 May 2021, the police filed a case against Mr. Upender and six residents under various sections of the IPC, SC/ST (POA) Act, and Protection of Civil Rights Act.

"These people implicated us in a false case due to which my father lost his job and my family had to go through mental agony," added Mr. Kiran.