THE HON’BLE SRI JUSTICE V.V.S. RAO AND THE HON’BLE SRI JUSTICE B.N. RAO NALLA W.A.No. 1466 of 2009 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) This appeal is directed against the order dated 07.7.2009 in W.P.No.21333 of 2008. By impugned order, the learned Single Judge dismissed the writ petition. In the said writ petition, the appellants assailed a preliminary order made by the third respondent herein vide proceedings in Rc B.281/99 dated 17.09.2007 under Section 145 of the Code of Criminal Procuedrue,1973 (Cr.P.C.) . The brief facts of the matter would show that the appellants were allegedly granted lease pattas in respect of land admeasuring Acs.4.00 and Acs.3.00 respectively. The said land comprised in Survey No.1 is notified as ‘grazing poramboke’ of Pathalapally village, Vemulachedu Gram Panchayat, Sydapuram Mandal in Nellore District. On receiving information, the third respondent passed an order under Section 145 Cr.P.C which reads as follows. “ PROCEEDINGS OF THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR (FAC) SYDAPURAM PRESENT:SRI B.D.JAYAKUMAR, B.Com., Rc.B-281/99 Dated 17.09.07 Sub:Law and Order-Nellore District-Sydapuram Mandal-Pathalapalli H/O Vemulachedu-S.No.1 Ac.158.32 - as grazing Poramboke- Prohibition of encroachments-orders U/S 145 Cr.P.C.-Issued. ORDER: Whereas it has been brought to my notice that the land in S.No.1 measuring Ac.158.32 classified as grazing poramboke which is being used for grazing purpose on ground by the villagers of Pathalapalli H/O. Vemulachedu village from the times immemorial: that there is likelihood of danger to the land as well as public by way of encroachments and quarrels in due course by the villagers which ultimately lead to law and order problem in the village endangering public life. In order to maintain peace and tranquillity in the village, I Sri B.D.Jayakumar, Mandal Executive Magistrate and Tahsildar, F.A.C. Sydapuram satisfied myself do hereby promulgate orders U/S 145 Cr.P.C. prohibiting entry into the land in S.No.1 measuring Ac.158.32 earmarked and being used as grazing poramboke by the villagers of Pathalapalli village until the settlement of land dispute. These orders shall come into force with immediate effect. Given under my hand and seal this day of September,2007. Sd/- Mandal Executive Magistrate & Tahsildar, Sydapuram ” The appellants raised two contentions. First, the conditionalities required for attracting the jurisdiction under Section 145 Cr.P.C do not exist and therefore, the order suffers from jurisdictional error. Secondly, it is contended that order was passed by the Tahsildar for grounds, which are not relevant for exercising power under Section 145 Cr.P.C. In substantiation they would contend that as many as 18 persons were granted lease in respect of the land in Survey No.1 over a decade ago and therefore, the conclusion arrived at by the Tahsildar that there is likely to be breach of peace is erroneous. The Tahsildar filed a counter affidavit opposing the writ petition. It was alleged that the appellants are not in possession but they created law and order problem leading to exercise of power under Section 145 Cr.P.C. The learned Single Judge having noticed the factual background and rival contentions, came to the conclusion that the discretion vested in the Executive Magistrate is coupled with the duty and the occupation of grazing lands by the appellants would be detriment to the general community. Accordingly, the writ petition, which was considered along with another writ petition, was dismissed. The learned counsel for the appellants and the learned Assistant Government Pleader reiterated their position before us as well. We have considered the factual background and are convinced that the order impugned in the writ petition passed by the Tahsildar does not suffer from jurisdictional error. A perusal of Section 145(1) Cr.P.C would show that the Executive Magistrate can pass prohibitory order in respect of land where there is a dispute, either on the report of a Police Officer or ‘upon other information’. The other information could necessarily mean the information which has been received by the Executive Magistrate and therefore, the Police report is not a condition precedent for exercising power under Section 145 (1) Cr.P.C. Secondly, prima facie we are convinced that the occupation of grazing poromboke in the village would certainly cause breach of peace in the village. Therefore, subject to satisfaction, the order passed by the Executive Magistrate is unexceptional. It is brought to our notice that on 29.7.2009 the appellants made an application before the Executive Magistrate, third respondent herein. If that be so, we direct the Executive Magistrate to dispose of the matter, which has been kept for more than four months, as expeditiously as possible and pass final orders. We are also of the considered opinion that the notice may be sent to the Panchayat also to know the actual occupation and possession of the grazing poromboke. In all other respects, we do not find any reason to interfere with the order passed by the learned Single Judge. The writ appeal is, with the above observation, accordingly dismissed. No costs. ____________ (V.V.S. RAO,J) _______________ (B.N. RAO NALLA, J) 21.12.2009 Stp