IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION No. 5262 OF 2007 Between: Manik Rao & Ors. ..... Petitioners V/s. The Mandal Revenue Officer Tahsildar, Jukal Mandal, Nizamabad district & Ors. … Respondents Counsel for the Petitioners : Sri V. Ravi Kiran Rao Counsel for the Respondents: Addl.Public Prosecutor The Court made the following : (Order follows 2nd page) THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION No. 5262 OF 2007 O R D E R : The petitioners 1 to 5 are aggrieved by order dated 10- 11-2006 passed by Mandal Revenue Officer, Jukkal Mandal, perhaps in his capacity as Mandal Executive Magistrate, under section 145 Cr.P.C., by which land in survey No.50 of Gundur sivar, which is adjacent to survey No.43 of Dulla village, was taken into Government custody until both the villages are surveyed and demarcated by the Assistant Director of Survey and Land Records, Nizamabad, in order to demarcate the disputed land. 2. Main contention of the petitioners’ counsel is that the Executive Magistrate has not followed procedure prescribed by law inasmuch as no preliminary order is passed and no notices were given and no inquiry was made by the Executive Magistrate before passing the impugned order. It is further contended by the petitioners’ counsel that the petitioners previously filed OS.No.45 of 2004 in Junior Civil Judge’s Court, Bichukonda against the third respondent herein and filed I.A.No.162 of 2004 therein and obtained interim injunction restraining the third respondent herein from interfering with his possession of land in survey No.50 of Gundur sivar. The petitioners filed copy of order dated 05-5-2006 passed by the Civil Court granting interim injunction in their favour, after contest. In the light of the said interim injunction order, the petitioners’ counsel contends that passing of order under section 145 Cr.P.C. by the Executive Magistrate is not warranted by law. 4. On the other hand, it is contended by the third respondent’s counsel that the third respondent also filed another suit in Civil Court and obtained interim injunction in respect of his land in survey No.43 of Dulla village, which is adjacent to survey No.50 of Gundur village against the petitioners. In spite of respective interim injunction orders passed by the Civil Court in favour of both sets of parties in respect of their respective lands, the Executive Magistrate on report of the Sub-Inspector of Police came to the conclusion that there is likelihood of breach of peace and law & order problem. In spite of it, the Executive Magistrate should have followed the procedure prescribed by Cr.P.C., which is reiterated by Division Bench of this Court in BHEERAVOLU MADAN MOHAN REDDY V/s. SUB-DIVISIONAL MAGISTRATE[1], before passing the impugned order. 5. With regard to survey operations demarcating boundary line between the two villages and between the two-disputed lands, it is stated by all the counsel that survey operations were completed. But the petitioners’ counsel says that the said survey was conducted without notice to any of the petitioners. Irrespective of validity of survey operations, which cannot be subject matter in this petition, it is evident that the purpose for which the impugned order was passed by the Executive Magistrate under section 145 Cr.P.C., is over. Having regard to the said subsequent event of completion of the survey operations, the impugned order has no legs to stand. This Court also finds that the procedure adopted by the Executive Magistrate in straightaway passing the impugned order of taking possession of the petitioners’ land is not in accordance with the procedure prescribed by law. 6. Hence, the petition is allowed setting aside order dated 10-11-2006 passed by the Mandal Revenue Officer, Jukal in U.No.B/3278/06. ____________________________________ Justice Samudrala Govindarajulu.. 15-06-2010. I s L THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO. 5262 OF 2007 Circulation Entry No. 2 5 Date: 15-06-2010 COMPUTER No. 43 Court Master: I s L [1] ) 1998 (2) ALT (Crl) 283 (DB) (AP)