THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Crl.R.C.No.1000 of 2011 27th April, 2011 between :- Chidepudi Veerasekhar Reddy ..Revision Petitioner And The Mandal Executive Magistrate & Tahsildar, Tsunderu Mandal, Guntur District Rep. By the State of Andhra Pradesh, Rep. By the Public Prosecutor High Court of Andhra Pradesh, Hyderabad .. Respondent THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Crl.R.C.No.1000 of 2011 ORDER:- This revision is directed against the notice dated 20-4-2011 issued by Tahsildar, Tsundur, Tsundur Mandal, Guntur District. Heard learned Counsel appearing for the revision petitioner and learned Additional Public Prosecutor appearing for the respondent- State. Learned Counsel appearing for the revision petitioner submits that notice has been issued to the petitioner herein by the Tahasildar, Tsundur Mandal, Guntur District, on the ground that the petitioner has violated the order dated 6-8-2010, which is not in force since the same has been set aside by this Court in Crl.R.C.No.1716 of 2010 dated 7-2- 2011. The factual aspect of the order dated 6-8-2010 being set aside by this Court in Crl.R.C.No.1716/2010 is not contradicted by the learned Additional Public Prosecutor. The relevant portion of the Notice issued by the Tahasildar, Tsundur Mandal, Guntur District reads as hereunder:- “You are violating the orders of the Mandal Executive Magistrate, dated 6-8-2010 without any evidence or without any permission of Mandal Executive Magistrate & Tahsildar, Tsundur, while promulgating order under Section 145 Cr.P.C. not entered into the said lands. You are raising Miaze crop without there being any permission. If any of your family members enter into that lands, the Government will take appropriate action against you.” The basis for issuing the notice is the order dated 6-8-2010 passed by the Mandal Executive Magistrate. The said order came to be challenged by the petitioner herein and three others by filing Crl.R.C.No.1716 of 2010. This Court by order dated 7-2-2011 allowed the revision setting aside the order dated 6-8-2010 passed by the Mandal Executive Magistrate. For better appreciation, I may refer the relevant portion of the order dated 7-2-2011, which reads as hereunder:- “The above provision of law does not mean that he can pass an order restraining the petitioners and respondent Nos.2 to 4 from entering the lands in question. From a perusal of the impugned order, it is clear that the Mandal Executive Magistrate received a report from the Circle Inspector of Police, Tsundur with regard to the registration of four crimes, pendency of civil suits with regard to the disputed lands and apprehension of law and order problem. Based on such report, the Mandal Executive Magistrate, without following the due procedure laid down under Section 145 Cr.P.C. straightaway passed the impugned order, which in my considered opinion, is bad. Further, in a catena of decisions, it is held that when the matter is purely civil in nature and a competent civil Court is ceased of the matter, the Mandal Executive Magistrate cannot issue an order invoking the provisions under Section 145 Cr.P.C. Moreover, as contended by the learned Counsel for the petitioners, civil suits have already been instituted for settlement of disputes in respect of the lands in question, and the same are pending adjudication before the competent civil Court having jurisdiction. In the circumstances, this Court has no hesitation to come to the conclusion that the impugned order is bad in law, which is liable to be set aside. In the result, the Criminal Revision Case is allowed setting aside the impugned order dated 6-8-2010 passed by the Mandal Executive Magistrate & Tahsildar, Tsundur Mandal, Guntur District.” When the basic order dated 6-8-2010 has been set aside, notice issued by the Tahsildar, Tsundur Mandal, Guntur District, on 20-4- 2011 cannot be sustained. In the result, the Criminal Revision Case is allowed at the admission stage quashing the notice dated 20-4-2011 issued by the Tahsildar, Tsundur Mandal, Guntur District ________________________ B.Seshasayana Reddy, J 27th April, 2011 NOTE: Issue copy by 30-4-2011 (B/o.smr)