HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.3988 OF 2009 DATE: 10-12-2010 BETWEEN: Uppari Vijay Ramulu and four others. - - - Petitioners. AND S. Sandhya, four others and The State of A.P., Rep. by Public prosecutor, High Court of A.P., Hyderabad. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.3988 OF 2009 ORDER: This Criminal Petition is filed by the petitioners under Section 482 Cr.P.C., seeking to quash the proceedings No.B/1980/2008, dated 25-09-2008, on the file of Sub-Divisional Magistrate and Revenue Divisional Officer, Naryanpet, Mahaboobnagar District. Heard Mr. S. Bhooma Goud, learned counsel appearing for the petitioners and the learned counsel for the Respondents Nos.1 to 3 and the learned Additional Public Prosecutor appearing for the Respondents-State. The brief facts are that, there is a civil dispute between the petitioners and the respondent Nos.1 to 3 in respect of land of an extent of Ac.4-00 guntas in Survey No.77 and Ac.19-36 guntas in Survey No.78 of Kumarlingampally village, Narva Mandal of Mahaboobnagar District. With regard to the civil disputes between the parties, O.S. No.18 of 2008 (Originally numbered as O.S. No.89 of 2008 by the Vacation Civil Judge i.e., Special Sessions Judge-cum-VII Additional District Judge at Mahaboob Nagar) has been pending before the Junior Civil Judge, Atmakur, as on the date of passing of the impugned proceedings by the 4th Respondent-Sub-Divisional Magistrate, under Sections 145 and 146 of Cr.P.C. Earlier, the suit was filed before the Vacation Civil Judge and an order directing the parties therein to maintain status quo was passed in I.A. 249 of 2008 (On transfer from Vacation Civil Judge’s Court to Junior Civil Judge’s Court, Atmakur, it was renumbered as I.A. No.41 of 2008) by the Vacation Civil Judge and when the said status-quo order was pending, 4th respondent issued the impugned proceedings. The 5th Respondent-Tahsildar, Narva Mandal, vide his proceedings No.A/3228/2008, dated 24-09-2008, reported to the 4th respondent that there is a gravity of situation in the village and due to the property dispute between the parties there is every likelihood of breach of peace in the locality and basing on the said report, the 4th respondent- Sub-Divisional Magistrate and Revenue Divisional Officer, Naryanpet, Mahaboobnagar District, directed appearance of parties to the dispute before him on 04-10-2008 and also passed an order on 25-09-2008 to the effect that 5th Respondent-Tahsildar, Narva Mandal, shall take possession of the disputed property in the above mentioned lands in order to avert clash between the parties and the said Tahsildar was appointed to receive the said property under Section 146 (1) of Cr.P.C. under panchanama and to keep the same in his custody and report compliance. The impugned proceedings No.B/1980/2008, dated 25- 09-2008, issued by the 4th respondent are sought to be quashed in the present Criminal Petition. It is settled law that when a civil dispute is pending before the competent Court in respect of certain property, the Executive Magistrate shall not pass any orders under Sections 145 or 146 of Cr.P.C. in respect of the same subject matter. In the instant case, admittedly, O.S. No.89 of 2008 is pending between the parties to the dispute and an order granting status quo was passed in I.A. No. 249 of 2008 in O.S. No.89 of 2008 and during the pendency of the said order, the impugned proceedings were issued by the 4th respondent under Section 145 of Cr.P.C. When a dispute is pending before the Civil Court in respect of the same subject matter, the 4th respondent-Sub- Divisional Magistrate and Revenue Divisional Officer, Naryanpet, Mahaboobnagar District, has no jurisdiction to pass any orders under Sections 145 and 146 of Cr.P.C. and accordingly the order i.e., proceedings No.B/1980/2008, dated 25-09-2008, issued by the 4th respondent are therefore illegal and without any jurisdiction and accordingly they are set aside. The Criminal Petition is allowed. ________________ R. KANTHA RAO, J Dated: 10-12-2010 Dsh.