IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.18110 of 2008 Between: 1. Pandiri Appa Rao, s/o late Sathyam, 2. Pandiri Rama Rao, s/o late Sathyam Both are r/o Pata Krishnadevipeta, Golugonda Mandal, Visakhapatnam District. ... PETITIONERS AND 1. Surla Konda Babu s/o Naganna Dora, Hindu r/o Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 2. Surla Butchi Babu S/o. Late Pothuraju r/o Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 3. Surla Kannayya Dora S/o. Late Pothuraju r/o Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 4. Surla Pothuraju S/o. Pothuraju r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 5. Surla Balakrishna S/o. Pothuraju r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 6. Surla Devudu Raju S/o. Kannayya r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 7. Smt. Surla Sitamma W/o. Pothuraju r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 8. Smt. Surla Buchemma W/o. Butchiabbayi r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 9. Smt. Surla Balamma W/o. China Pothuraju r/o. Y.N. Pakala Village, Nallagonda Panchayat, Koyyuru Mandal, Visakhapatnam District. 10. Meka Rajasekhar S/o. Late Suri Babu r/o.K.D. Peta, Golugonda Mandal, Visakhapatnam District. 11. Sub Divisional Magistrate, Paderu Visakhapatnam District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus directing the 11th respondent to dispose of M.C.No.1 of 2008 on the ﬁle of the Sub-Divisional Oﬃcer, Paderu, Visakhapatnam District as expeditiously as possible and to pass such other order or orders. Counsel for the Petitioners: Mr. K.SUBRAHMANYAM Counsel for the Respondent No.11: GP FOR SOCIAL WELFARE The Court made the following: ORDER: According to the petitioners they are the absolute owners of the land in an extent of Acs.5-93 cents in S.No.24 of Y.N. Pakalu village, Koyyuru Mandal. They further state that as respondent Nos.1 to 10 are also claiming rights over the said property and there is a breach of peace in the village, the Sub Divisional Magistrate, Paderu, who is arrayed as 11th respondent, initiated proceedings under Section 145 of the Code of Criminal Procedure, 1973 and the same is numbered as M.C.No.1 of 2008. They also state that though the said proceedings were initiated as early as on 06-06-2008, no ﬁnal decision has yet been taken. Hence, they approached this Court and filed the present writ petition. 2. Having considered the submissions made by both the learned counsel and also taking the fact that the M.C. is pending before the 11th respondent, the 11th respondent is hereby directed to dispose of the M.C.No.1 of 2008 within a period of six weeks from the date of receipt of a copy of this order. It is needless to observe that while deciding the said issue, the 11th respondent shall hear all the parties concerned. 3. Accordingly, the writ petition is disposed of. Pending disposal of the said M.C.No.1 of 2008, the parties are directed to maintain status quo as on today. ________________________________ JUSTICE GOPALAKRISHNA TAMADA November 19, 2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1) The Sub Divisional Magistrate, Paderu Visakhapatnam District. 2. Two CCs to 3. Two CD copies Form-NIC-OGS/WP{VSMI}