IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.3437 OF 2010. Date:28.04.2010 Between:- Pasupuleti Malakondaiah Naidu and another ..Petitioners And The Mandal Revenue Officer, Ongole, Prakasam District and another. .. Respondents ORDER:- The petitioners 1 and 2 are questioning order dated 26.02.2010 promulgated by the Tahsildar, Ongole in R.C.B.No.97/10 under Section 145 Cr.P.C., by which the Tahsildar, who is the Mandal Executive Magistrate, ordered that no one should enter into Sy.No.173 of Mukthinuthalapadu village until survey and determination of government land and land belonging to I.T.I, A.M.C. and N.S.P. The petitioners are claiming Ac.0-66.72cs and Ac.1.20cs in Sy.No.173 as their personal and private land. 2. It is contended by the petitioners’ counsel that the petitioners filed civil suit and obtained interim injunction in respect of that land in their favour and therefore, passing an order under Section 145 Cr.P.C. in respect of land including subject matter of the suit is not warranted by law. In fact, in the impugned order, the Executive Magistrate took note of the orders in O.S. (SR)No.35800 of 2009 of the Junior Civil Judge’s Court. 3. It may be noted that impugned order passed by the Executive Magistrate is not for unlimited period. It was passed for the limited period during which survey operations are conducted in Sy.No.173. In case survey is conducted by the authorities, it will help all the parties including the petitioners and also serve as aid to the civil Court for just and proper disposal of the civil suit pending. But lacuna in the impugned order is that no time limit is fixed for the said survey. Under the guise of the said order, it is apprehended that previous injunction order passed by the civil Court will be defeated. This Court is of the opinion that the said lacuna can be corrected by fixing a time limit for conducting the survey and for operation of the impugned order passed by the Executive Magistrate. 4. Hence, the order passed by the Executive Magistrate is confined to a period of fifteen (15) days from today so that survey operations will be completed before that date. Subject to the above modification, the petition is disposed of. _​_________________________ SAMUDRALA GOVINDARAJULU, J 28th April 2010 AMD