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2019 Supreme(SC) 2311

MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Syed Abdul Rub – Appellant
Versus
Shanti Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Dushyant A. Dave, Mr. T. Sudhakar Reddy, Mr. Krishna Kumar Singh, Mr. Abhijeet Sinha.
For the Respondents: Mr. J. Prabhhakar, Mr. Atul Aggarwal, Mr. Abhijeet Sinha, Mr. P. Venkat Reddy, Mr. Prashant Tyagi, Mr. P. Srinivas Reddy, M/s. Venkat Palwai.

ORDER :

C.A. No. 7640/2019 and SLP (C) No. 15526/2017

1. Leave granted.

2. This appeal arises out of the judgment dated 25.04.2017 passed in Writ Petition No. 8928 of 2011 by the High Court of Judicature at Hyderabad. By the impugned order, the High Court has directed the implementation of the order dated 28.02.2011 passed by the Special Executive Magistrate-cum-District Collector, Hyderabad in M.C. No. B/397/2010 under Section 146 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) attaching the property in Survey No. 284/6 situated at Malkapur Village, Taluq West, District Atraf Balda, Telangana forthwith.

3. The records reveal that in light of serious land disputes between the parties, proceedings under Section 145, Cr.P.C. were initiated before the Special Executive Magistrate-cum- District Collector, Hyderabad in M.C. No. B/397/2010 in M.C. No. B-180/78. The Special Executive Magistrate-cum-District Collector, Hyderabad passed an order on 25.08.2010 calling for an enquiry report from the Sub-Inspector of Police, Tappachabutra Police Station, Hyderabad to determine the status of the disputed land, including any law and order problem prevailing at the disputed site. Questioni

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