"...to issue writ, order or direction more particularly one in the
nature of Writ of mandamus; declaring the action of the respondent
No.4 in issuing proceedings No. L/499/2018 dated 03-04-2018
(preliminary order under Sec.145 of Cr.P.C.) in so far as
Sy.No.274 situated at Turkayamjal Village, Abdullapurmet Mandal,
R.R. District, as illegal, null and void and consequently direct the
respondents to consider the petitioner association
objection/representation dated. 24.12.2018 and pass such other
order or orders..."
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2. None appeared on behalf of the petitioner.
3. I have heard Mr. M. Sahas Reddy, learned Assistant Government
Pleader for Revenue, appearing on behalf of respondent Nos. 1 to 4 and
Mr. D. Pradeep, learned Assistant Government Pleader for Home,
appearing on behalf of respondent No. 5.
4. Learned Assistant Government Pleader for Revenue submits that
respondent No. 4 passed the impugned preliminary order under Section
145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as
"Cr.P.C."), taking into consideration the existence of a land dispute
between the parties and the apprehension of breach of peace and
disturbance to public tranquility. In furtherance thereof, respondent No. 4
directed the Tahsildar, Abdullapurmet Mandal, to take possession of the
subject lands. It is, however, submitted that the parties have already
approached the competent Civil Court, where suits concerning the same
subject matter are pending, and that the respective parties continue to
remain in possession of the lands. Accordingly, it is prayed that
appropriate orders be passed.
5. I have perused the material available on record.
6. The contention of the petitioner is that respondent No. 4, without
lawful authority and in violation of principles of natural justice, issued the
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impugned preliminary order insofar as Survey No. 274 of Turkayamjal
Village, Abdullapurmet Mandal is concerned, without affording any
opportunity to submit objections or representations. The explanation
offered by the learned Assistant Government Pleader for Revenue
indicates that, subsequent to the issuance of the preliminary order, no
further proceedings were conducted, nor was any final order passed
under Section 145 Cr.P.C., including any order for attachment or actual
assumption of possession.
7. It is an admitted position that the parties are in settled possession
of the subject property and that civil disputes concerning title and
possession are presently sub judice before the competent Civil Court. In
such circumstances, the record reveals that respondent No. 4, having
issued only a preliminary order, failed to undertake the mandatory
subsequent steps contemplated under Section 145 Cr.P.C., including
conducting an inquiry, affording an opportunity of hearing. Thus, except
for passing the impugned preliminary order, no effective or substantive
proceedings were undertaken by the authority.
8. It is well settled that proceedings under Section 145 Cr.P.C. are
preventive in nature and are intended solely to maintain public order by
addressing disputes likely to cause breach of peace, without adjudicating
title. However, such jurisdiction must be exercised strictly in compliance
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with procedural safeguards, including affording a fair hearing to the
parties. The Ram Sumer Puri Mahant v. State of Uttar Pradesh, (1985) 1
SCC 427, held that when a civil dispute regarding possession is already
pending before a competent Civil Court, parallel proceedings under
Section 145 Cr.P.C. should ordinarily not be continued, as the Civil Court
is competent to adjudicate the rights of the parties comprehensively.
Similarly, in Ashok Kumar v. State of Uttarakhand, (2013) 3 SCC 366, it
was reiterated that failure to follow due procedure under Section 145
Cr.P.C., including conducting an inquiry and passing a reasoned order,
vitiates the proceedings.
9. In the present case, not only were the mandatory procedural
requirements not complied with, but the very substratum of invoking
Section 145 Cr.P.C. stands weakened in light of the pending civil litigation
and the admitted possession of the parties. Furthermore, no
consequential action has been taken pursuant to the preliminary order.
Therefore, the impugned proceedings have, in effect, become redundant
and unsustainable in law.
10. Accordingly, the impugned preliminary order dated 03.04.2018
passed under Section 145 Cr.P.C. is hereby set aside. However, the
rights of the parties are left open to be adjudicated before the competent
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Civil Court, and they are at liberty to avail appropriate remedies in
accordance with law.
11. With the above observations and directions, this Writ Petition is
disposed of. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
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N.TUKARAMJI, J
Date: 16.04.2026
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