THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.23219 of 2020
ORDER:
Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue for respondent Nos.1 to 4, the learned Government Pleader for Home for respondent No.5, and Sri Gudi Madhusudhan Reddy, the learned counsel for respondent No.5.
This writ petition is filed challenging the Notices vide Roc.No.B/392/2020 dated 14.08.2020, Roc.No.B/392/2020 dated 29.08.2020 and RocNo.B/392/2020 dated 27.11.2020, issued by respondent No.4 - the Tahsildar, Danthalapally, by exceeding his jurisdiction and imposing penalty of Rs.1,00,000/- on the petitioner No.1, during pendency of O.S.No.71 of 2020 on the file of the Junior Civil Judge, Thorrur.
Learned counsel for the petitioners has argued that the unofficial respondent has approached the Civil Court and filed the above suit i.e., O.S.No.71 of 2020 for injunction and the same is pending, and therefore, issuance of the impugned notices by the respondent No.4 are without jurisdiction. Further, he has stated that the Revenue authorities cannot adjudicate the rights of the parties, more particularly, when Civil Court is already seized of the matter. In support of the said contentions, the learned counsel has relied on the judgment rendered by the Hon'ble Supreme Court in Ram 2 Sumer Puri Mahant v. State of U.P1 and the judgment rendered by a Division Bench of this Court in Thota Venkat Reddy v. Polamoni Jangaiah Golla Jangaiah2.
Per contra, Sri Gudi Madhusudhan Reddy, the learned counsel for respondent No.6, has vehemently argued that the petitioners, without having any semblance of right, are trying to interfere with the possession of respondent No.6, and therefore, the official respondents were constrained to intervene and issue notices to the petitioners. In fact, by virtue of the impugned notices, the respondent No.6 is also restrained from entering into the land. Learned counsel has further sated that in the suit filed by the respondent No.6, the Court below has passed an injunction order against the petitioners.
When queried by this Court, the learned counsel for respondent No.6 has fairly conceded that if there is any violation of the injunction order granted by the Court below, the party is free to avail necessary remedies before the very same Court under the provisions of the Civil Procedure Code.
The Hon'ble Supreme Court as well as this Court, on number of occasions, has deprecated the practice of the Revenue Authorities in interfering or meddling with the disputes of the private parties, more particularly, when a civil litigation is pending between them in competent Civil Court. It is only the competent Civil Court, which 1 [1985] 1 SCC 427 2 2020 (4) ALT 512 (DB) (TS) 3 has got the necessary jurisdiction to adjudicate the civil rights of the parties and pass necessary orders. Any order passed by the Civil Court is binding on all the parties including the Revenue authorities and other Government authorities. The authorities, under the guise of law and order or any nuisance at the spot, can initiate proceedings under the provisions of the Criminal Procedure Code or any other provisions of law. When civil litigation is pending before the Civil Court, the parties should be relegated to approach the Civil Court for seeking appropriate remedy by filing appropriate petition. In view of the same, this Court has no hesitation to set aside the impugned notices and allow the writ petition.
Accordingly, the impugned notices are set aside and the writ petition is allowed. The respondent authorities are directed not to interfere with the possession and enjoyment of the petitioners as well as the respondent No.6. It is needless to mention that if the respondent No.6 has any grievance against the petitioners for violation of the injunction order passed by the Court below, he is at liberty to avail the remedies as available to him under law before the Court below or any other appropriate forum.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 21.09.2021.
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