THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2274 of 2010 JUDGMENT: This Revision is directed against the orders, dated 01.12.2010, passed by the Mandal Executive Magistrate and Tahsildar, Thotapalli Guduru, Nellore District, wherein and whereby, the Tahsildar invoking the jurisdiction under Section 145 Cr.P.C., prevented both the parties from entering into the disputed land till the suit in the civil Court is disposed of or such other orders are passed by the civil Court with regard to the ownership of the disputed land. This Court while admitting the Revision on 13.12.2010, suspended the said impugned order, dated 01.12.2010. Now, the respondents approached this Court and filed an application seeking to vacate the said order. Heard both sides. It appears that apparently there is a suit being O.S.No.552 of 2008 pending on the file of the II Additional Senior Civil Judge’s Court, Nellore, with regard to the said disputed land. When the suit is pending, in my considered view, if the parties have any grievance, they have to approach the said Court and seek an order of injunction or any other appropriate orders, but not an order of this nature under Section 145 Cr.P.C. When the fact with regard to the institution of the said suit and the pending of the same is brought to the notice of the Mandal Executive Magistrate, in my considered view, he ought not to have passed the order, which is impugned herein. Accordingly, this Criminal Revision Case is allowed and the impugned order is set aside. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR