HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1475 OF 2007 Date: 03.02.2010 Between: Tiragati Venkata Lakshmi and another ……Petitioners And: Pammi Pedda Venkanna @ Yoshia and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1475 OF 2007 ORDER: This petition is filed under Section 482 Cr.P.C., for quashing order dated 30.12.2006 passed by the Mandal Executive Magistrate, Mandapeta in M.C.No.23 of 2006. The Mandal Executive Magistrate passed the impugned order on report filed by the Sub Inspector of Police, Mandapeta rural police station. As per the impugned order, the Magistrate directed both the disputing parties viz., the petitioners 1 and 2 and the 1st respondent from entering into the disputed property and also declared that the disputed property is in possession of Revenue Officer of Mandapeta. Subject matter of dispute in this case is 0-13 cents of house site in R.S.No.392/3 of Arthamuru village. The petitioners 1 and 2 on one hand and the 1st respondent on the other hand have disputes/claims on the said site. While so, the petitioners 1 and 2 applied to the Gram Panchayat for removal of old thatched hut in the disputed site and for permission to construct a pucca house under ‘Indiramma’ scheme. The Gram Panchayat granted permission for such construction in the disputed site, by majority on 30.12.2006. Impugned order of the Mandal Executive Officer is also of the same date i.e., 30.12.2006. When it is a dispute between two individuals, it cannot be said that it is a dispute which is going to cause to breach of public peace and tranquility. There was no need for the Sub Inspector of Police to move the Mandal Executive Officer under Section 144 Cr.P.C. Secondly, without giving notice to the parties and without permitting them to file documents etc., and permitting them to lead further evidence and without making any enquiry as such. The Mandal Executive Officer should not have passed the impugned order in a hasty manner. In any event, it is stated that the petitioners 1 and 2 filed civil suit in O.S.No.82 of 2007 against the 1st respondent in Junior Civil Judge Court, Alamur for permanent injunction and that the matter is pending in that Court. In view of the dispute going to civil court, any action by the Mandal Executive Magistrate under Section 145 Cr.P.C is not warranted as on today. When one of the parties i.e., the petitioners 1 and 2 are stated to be residing in the disputed site in a thatched house, the Mandal Executive Magistrate should not have ordered both the parties not to enter into the disputed site. In such a situation, it only amounts to throwing one of the parties to the dispute on to road without any shelter. Viewed from any angle, order passed by the Executive Magistrate is arbitrary, not justified and is not in accordance with criminal procedure. In the result, the petition is allowed quashing order dated 30.12.2006 passed by the Mandal Executive Magistrate, Mandapeta in M.C.No.23 of 2006. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:03.02.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1475 OF 2007 Date: 03.02.2010 Gk.