IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE SEVENTH (7TH) DAY OF DECEMBER, TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.10659 of 2010 Between: P. Rathna Raju & another … Petitioners And: The State of A.P., through Public Prosecutor High Court of A.P., Hyderabad & another … Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.10659 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. assailing the order dated 25.09.2010 passed by the Revenue Divisional Officer, Bhongir in No.D/3201/2010 wherein, the learned Sub Divisional Magistrate directed the Tahsildar, Choutuppal to take possession of the disputed land in Sy.No.41 in an extent of Ac.2.11 guntas situated at Choutuppal (Village & Mandal) and further directed both parties to file written statement on 05.10.2010 and produce documentary evidence regarding ownership and possession of the land. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondent 2 to 5. Perused the record. 3. The Sub Divisional Magistrate, Bhongir passed impugned order under Section 145 Cr.P.C. purporting to act on the report of the Circle Inspector of Police, Choutuppal, wherein, it was stated that both the parties have gathered at the disputed land and created law and order problem. It is not disputed that the first petitioner herein filed OS No.117 of 2010 against respondents herein before the Junior Civil Judge, Ramannapet. The respondents herein filed OS No.130 of 2010 before the Senior Civil Judge, Bhongir in respect of the self same subject matter. It is also not in dispute that the first petitioner herein filed IA No.763 of 2010 in the said suit and obtained an order of status quo and the same was subsequently extended in IA No.732 of 2010 on 05.10.2010. The 2nd petitioner herein also filed OS No.118 of 2010 on the file of the Junior Civil Judge, Bhongir for declaration and permanent injunction in respect of the land admeasuring Ac.1.05 2/3 guntas in Sy.No.41 of Choutuppal village. Thus, admittedly, the dispute is pending before the competent civil Courts and both the parties have filed suits claiming reliefs against one another. The dispute is essentially civil in nature and the competent civil Court is seized of the matter and it is not open for interference by the other authorities. The impugned order directing the Tahsildar, Choutppal to take possession of the land is therefore unsustainable in view of the interim orders passed by the competent civil Court. It is for the concerned parties to approach the civil Court and seek appropriate orders. Interference under the guise of the proceedings under Section 145 Cr.P.C. in a matter pending before the competent civil Court is unwarranted, especially, in the absence of any material to show that there has been any law and order problem. The respondents filed a counter, wherein it is stated that they also intended to challenge the impugned orders passed by the learned Sub Divisional Magistrate. 4. In the circumstances, it is held that the impugned order is unsustainable and the same is liable to be quashed and is accordingly quashed by invoking the inherent powers of the Court under section 482 Cr.P.C. It is open to both the parties to approach the civil Court and seeks appropriate reliefs. 5. In the result, the criminal petition is disposed of with the above direction. ____________________ G.V.SEETHAPATHY, J Date: 07.12.2010 bss