IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 23998 of 2005 Between: Dr.Pathuri Gopalakrishna, s/o Sreemannarayana, Rangaraya Medical College, Kakinada, E.G.District. ..... PETITIONER AND 1 Sub Inspector of police, Thimnmapuram P.S., Kakinada, E.G.District. 2 Mandal Executive Magistrate, Kakinada (Rural) E.G.District. 3 Dasari Narayana Murthy, s/o Nagabhushanam, Sarvasikhsa Abiyan, Kakinada, E.G.District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in issuing impugned proceedings under Section 145 of Cr.P.C. in M.C.no.19/2005 dt.24-10-2005 as illegal, null and void and for a consequential order directing the respondents to drop all further proceedings pursuant to the above impugned proceedings and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.1 and 2: GP FOR HOME Counsel for the Respondent No.3: Mr.H.Krishnam Raju The Court made the following : ORDER: The petitioner questions the impugned proceedings dated 24.10.2005 in M.C.No.19 of 2005 initiated under Section 145 Cr.P.C. pursuant to a suo-motu case registered by the Station House Officer, Thimmapuram Police Station in Crime No.109 of 2005. It is stated that there are rival claims between the petitioner and the 3rd respondent in respect of house site plot Nos.51, 52, 61, 62, and 63 in Sy.Nos.15 and 18 vide lay out No.631/1985 of Town Planning Department located adjoining the ADB road near Atchampeta junction under Ramanayyapeta Panchayathi in Kakinada Rural Mandal. As there were rival claims between the petitioner and the 3rd respondent, a suo-motu case was registered by the Station House Officer, Thimmapuram Police Station in Crime No.109 of 2005 for the offence under Section 145 Cr.P.C. and accordingly, the second respondent directed the petitioner and the 3rd respondent calling upon them to submit written statements in respect of their respective claims as to the fact of actual possession of the said disputed land. No final orders have been passed under Section 145 Cr.P.C. If two parties are claiming possession and if there is likelihood of the breach of the peace, it is for the Executive Magistrate to take possession of the disputed land and restore the same in favour of the person from whose possession it was taken. Therefore, it is for the respective parties to establish their possession as on the date of passing the order under Section 145(1) Cr.P.C. As no final orders have been passed by the Executive Magistrate and as no interim stay has been granted by this Court, it is just and proper to direct the 2nd respondent to pass final orders in the impugned proceedings. Accordingly, the writ petition is disposed of directing the second respondent to pass final orders pursuant to the impugned proceedings dated 24.10.2005, if not already passed, as expeditiously as possible, after giving reasonable opportunity to both the parties. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}