HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6158 of 2007 Dated: 21-10-2010 Between: Bodilingalapadu Venugopal …Petitioner AND State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Others Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6158 of 2007 ORDER: This petition under Section 482 of Cr.P.C. is filed to quash the proceedings of the second respondent-Mandal Executive Magistrate and Tahsildar, Tada, Nellore District in M.C.No.28 of 2007, dated 08.10.2007. The Station House Officer, Tada furnished a report to the second respondent stating that there is a land dispute in Sy.No.10/2 to an extent of Ac.0.58 cents of Tadakandriga Village in between the third respondent and the petitioner herein and there is likelihood of breach of peace, which would lead to law and order problem. Basing on the said report, the second respondent passed the impugned orders promulgating the orders under Section 145 of Cr.P.C. restraining both the parties from entering into the disputed land with immediate effect. According to the petitioner, he is in possession and enjoyment of the disputed property ever since the date of his purchase on 10.7.2007 which was regularized under Section 5-A of the A.P. Rights in Land & Pattadar Pass Books Act, 1971 vide proceedings, dated 11.7.2007. The third respondent filed a counter affidavit stating that the petitioner herein filed O.S.No.337 of 2007 on the file of Junior Civil Judge, Sullurpet on 10.10.2007 for grant of permanent injunction and also filed I.A.No.897 of 2007 in the said suit seeking temporary injunction. In the said suit, the third respondent is the second defendant. The learned Junior Civil Judge, Sullurpet has not granted any injunction in favour of the petitioner. Further Smt.A.Snehalatha Nahar, who is the owner of the land, filed O.S.No.259 of 2007 against the petitioner herein on the file of Senior Civil Judge, Gudur for grant of permanent injunction, in which she also filed I.A.No.673 of 2007 for grant of interim injunction, that the learned Senior Civil Judge passed an order on 7.11.2007 granting interim injunction in favour of said Snehalatha Nahar. He stated that he has no interest over the disputed property. In view of the pendency of civil disputes between the parties, initiation of the impugned proceedings by the second respondent under Section 145 Cr.P.C. without assigning any reasons cannot be sustained and the same is liable to be quashed. Accordingly, the Criminal Petition is allowed and the impugned proceedings are quashed. ________________ A. GOPAL REDDY, J. OCTOBER 21, 2010 Tsr.