Andhra Pradesh High Court - Amravati
Sompalli Bhargavi, vs State Of Andhra Pradesh, on 12 September, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.23587 of 2022
ORDER:-
This Writ Petition for mandamus is filed to declare the action of respondents 2 and 3 in not enforcing the order passed under Section 145 Cr.P.C by the 6th respondent Tahsildar-cum- Mandal Executive Magistrate of Tirupati Urban Mandal, dated 25.11.2021, as illegal and consequently sought direction to respondents 2 and 3 to enforce the order passed under Section 145 Cr.P.C by the 6th respondent.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 3 and learned Assistant Government Pleader for Revenue appearing for respondents 4 to 6.
The grievance of the writ petitioner is that a person by name Bojaraju along with his family members made an attempt to trespass into the property of the petitioner by forcibly ejecting the petitioner there from. Therefore, it is stated that he has lodged a report with the Inspector of Police, M.R.Palli Police Station, UPD, Tirupathi. The said Inspector of Police of M.R.Palli Police Station, by his letter, dated 15.03.2021, requested the Tahsildar-cum-Mandal Executive Magistrate, Tirupathi, for issuance of proceedings under Section 145 Cr.P.C restraining 2 all the parties, who are shown as A-party and B-party in the said letter from entering the said property. It is stated by the petitioner that pursuant to the said letter addressed by the Inspector of Police that the 6th respondent - Tahsildar-cum- Mandal Executive Magistrate passed an order under Section 145 Cr.P.C, dated 25.11.2021.
Now the grievance of the writ petitioner is that the said order passed under Section 145 Cr.P.C by the 6th respondent - Mandal Executive Magistrate is not being implemented. Therefore, he sought for the aforesaid reliefs in the instant Writ Petition.
As can be seen from the copy of the letter produced, which is addressed by the Inspector of Police - M.R.Palli Police Station to the Tahsildar-cum-Mandal Executive Magistrate, dated 15.03.2021, it is evident that he has requested the Mandal Executive Magistrate i.e., 6th respondent to pass orders under Section 145 Cr.P.C restraining all the parties i.e., A-party and B-party, who are shown in the said letter, from entering the land in question. But, as can be seen from the order that was passed by the 6th respondent -Tahsildar, it was not an order passed by him in his capacity as Mandal Executive Magistrate. It was passed by him only in the capacity as Tahsildar. It does 3 not disclose that he has passed any such order under Section 145 Cr.P.C. The said order only shows that he has directed that no one should be allowed into the disputed site subject to the outcome of the judgment only. Therefore, when it was not an order passed under Section 145 Cr.P.C by the Tahsildar in his capacity as a Mandal Executive Magistrate, it cannot be construed as an order passed under Section 145 Cr.P.C. Therefore, the question of implementing the said order does not arise at all. In fact, learned Assistant Government Pleader for Revenue has also confirmed that it was not an order passed under Section 145 Cr.P.C by the Tahsildar in his capacity as Mandal Executive Magistrate. Therefore, there is no substance in the case pleaded by the petitioner that the order that was passed by the Tahsildar of Tirupathi Urban is an order passed under Section 145 Cr.P.C and that the same is now to be implemented by passing an order of mandamus by this Court with a direction to implement the same. There is no merit in the said contention.
Further, admittedly a suit in O.S.No.484 of 2018 was pending in the competent civil Court i.e., I Additional Junior Civil Judge Court, Tirupathi, relating to the said land in dispute between both the parties to the dispute. So, the rights of the parties in respect of the said land is to be determined and 4 adjudicated by the competent civil Court. When the dispute is pending adjudication before competent civil Court, it is settled law that even the Mandal Executive Magistrate cannot pass any order restraining the parties to the said dispute from entering the land in exercise of his power under Section 145 Cr.P.C.
Therefore, there is no merit in the Writ Petition to consider the same.
Resultantly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 12.09.2022 AKN 5 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 23587 of 2022 Date: 12-09-2022 AKN