HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.NO.940 OF 2009 Dt.30.12.2010 Between: Shaik Nagoor Mira Saheb and others ..Petitioners And State of A.P. rep. by Public Prosecutor and another ..Respondents HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.NO.940 OF 2009 ORDER: This petition under Section 482 Cr.P.C., is filed against the notice dated 28.12.2008 given by the Sub Divisional Magistrate, Kovvur to the petitioners calling upon them to furnish written statement within two days after receipt of the notice. The above notice dated 28.12.2008 of the Sub Divisional Magistrate shows that he expressed apprehension about breach of peace in connection with the dispute between the petitioners on one side and one Pilli Mohana Satyanarayana on the other in connection with 400 sq.yards of land situated in R.S.No.298/3 of Main Road in Penugonda. The plea of the petitioners is that their Welfare Association and the A.P.State Wakf Board obtained a decree regarding title and possession in their favour against Pilli Venkata Ratnam in O.S.No.38 of 2003 on the file of the A.P.Wakf Tribunal. The contention of the petitioners is since they have a decree in their favour the Sub Divisional Magistrate cannot initiate any proceedings. It is not the case of the petitioners that they filed any E.P. for execution of the above decree and are taking steps to secure possession through the process of the Wakf Board or any other Civil Court to which the decree may be transmitted. It may also be noted that the impugned proceedings dated 28.12.2008 of the Sub Divisional Magistrate only show that he has merely called upon the petitioners to furnish their explanation. The petitioners instead of furnishing explanation have rushed to this Court. Those proceedings of the Sub Divisional Magistrate do not show that he took any steps against the petitioners or pass any orders against them interfering with their rights to the property in question. Further, the proceedings of the Sub Divisional Magistrate are dated 28.12.2008 and we are now in December 2010. In the above circumstances, the quash petition is dismissed finding that there is no illegality committed by the Sub Divisional Magistrate. But, if the proceedings are still pending, the Sub Divisional Magistrate shall entertain the explanation of the petitioners and pass final orders. The petition is accordingly disposed of. ___________________ N.RAVI SHANKAR, J. 30.12.2010 kpr