IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2515 of 2005 Between: M. Raghava Reddy, S/o Late Chenga Reddy, R/o Voteri Village, Tirupathi Rural Mandal, Tirupathi, Chittoor District. ..... PETITIONER AND 1 The Mandal Executive Magistrate -cum- Mandal Revenue Officer, Tirupathi Rural Mandal, Chittoor District. 2 The Inspector of Police, Tirupathi Rural, Tirupathi, Chittoor District. 3 Smt. Nataru Ponnemma, w/o Late Krishnaiah, R/o D.No. 4/55, Eeethamakula Street, Tiruchanur Village and Post, Tirupathi Rural mandal, Chittoor District. 4 Nataru Muni Reddy, S/o Krishna Reddy, R/o D.No. 4/55, Eeethamakula Street, Tiruchanur Village and Post, Tirupathi Rural mandal, Chittoor District. 5 Sri G.Lakshmi Reddy, S/o G.P. Nagi Reddy, R/o Govindapalem, Sirivella Mandal, Kurnool District. .....RESPONDENTS 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 issue a Writ, Order or direction, more particularly one in the nature of Writ of Certiorari calling for the records relating to the Proceedings in Roc.No. A/751/2000 dated 10-6-2000 from the file of the 1st Respondent and after perusing the same quash the said Proceedings dated 10-6-2000 by declaring it as arbitrary, illegal and contrary to the interim order dated 4-8-1997 in I.A.No. 886 of 1997 in O.S.No. 305 of 1997 on the file of the Prl. Senior Civil Judge, Tirupati and consequently direct the Respondents not to interfere with the possession and enjoyment of the Petitioner of the said lands in terms of the injunction order dated 22-6-2000 in I.A.No. 661 of 2000 in O.S.No. 19 of 2000 on the file of the Hon'ble 3rd Addl. District Judge, Tirupati and with all other consequential benefits and pass such other order or orders as this Hon'ble Court may dem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{AVLR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2515 of 2005 O R D E R: None appears for the petitioner. No counter has been filed on behalf of respondents. The petitioner questions the initiation of the proceedings under Sec.145 of Cr.p.c. by the Mandal Executive Magistrate-cum-Mandal Revenue Officer, Tirupati in ROC.A/751/2000, dated 10.06.2000. This Court while issuing notice before admission on 22.02.2005 directed respondents 1 and 2 not to take any steps in respect of the lands covered by the suit in O.S.365/97 on the file of the Principal Senior Civil Judge, Tirupati and O.S.19/2000 on the file of the Additional District Judge, Tirupati pursuant to the proceedings initiated under Sec.145 Cr.p.c. for a period of four weeks and the said order was extended by order dated 31.01.2006. By order dated 31.01.2006 this Court directed that respondents 1 and 2 shall not interfere either with the petitioner or with the respondents 4 and 5. It is stated that civil disputes are pending and if that be so, it is for the respective parties to resolve their disputes in the pending suits and in view of the aforesaid interim orders, directing the respondents 1 and 2 not to interfere with the civil disputes pending among the petitioner and respondents 3 and 5, the Writ Petition is disposed of, directing the respondents 1 and 2 to leave it open for the resolution that disputes in the pending suits among the parties i.e. petitioner and respondents 3 and 5 and others as it is for the competent Civil Court to decide the rights of the respective parties. The Writ Petition is, accordingly, disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 19.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Mandal Executive Magistrate -cum- Mandal Revenue Officer, Tirupathi Rural Mandal, Chittoor District. 2 The Inspector of Police, Tirupathi Rural, Tirupathi, Chittoor District. 3.2CCs to 4.2CD copies