THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.608 of 2009 ORDER: The petitioner was issued a pattadar pass book in respect of Ac.1.51 cents of land in Survey No.314/3 of Vinagadapa Village, Gampalagudem Mandal, Krishna District. Feeling aggrieved by the same, the 3rd respondent filed an appeal under Section 5(5) of the A.P. Record of Rights in Land and Pattadar Pass Books Act (for short ‘the Act’) before the 1st respondent. It appears that the 1st respondent issued instructions to the Tahsildar, 2nd respondent herein to ensure that neither the petitioner nor the 3rd respondent enters the land. Acting on the same, the 2nd respondent issued a notice dated 26.11.2008 directing that the petitioner and the 3rd respondent shall not enter the land. The same is challenged in this writ petition. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and the learned counsel for respondent No.3. The only proceedings that are pending before the 1st respondent, as of now, is an appeal preferred by the 3rd respondent under Section 5(5) of the Act. The Act does not contain any provisions, which empower respondents 1 and 2 to issue directions to the concerned parties about their enjoyment. Further, in case, any law and order problem is apprehended about the possession over any piece of land, the proceedings under Section 145 Cr.P.C. are to be initiated. Though it is mentioned that such proceedings have been initiated by the 2nd respondent, the impugned notice is not referable to the same. On the other hand, specific reference is made to the directions issued by the 1st respondent. Viewed from any angle, the impugned notice cannot be sustained in law. Therefore, the writ petition is allowed and the impugned notice is set aside. It is however left open to respondents 1 and 2 to take necessary steps under Section 145 of Cr.P.C., if the situation so warrants, strictly following the prescribed procedure. There shall be no order as to costs. _________ 25.03.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.608 of 2009 Date: 25.03.2009 JSU