Andhra Pradesh High Court - Amravati
Sompalli Bhargavi, vs State Of Andhra Pradesh, on 12 September, 2022
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
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
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
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
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No. 23587 of 2022
Date: 12-09-2022
AKN
