Proceedings under Section 145 Cr.P.C cannot proceed when a civil suit regarding the same property is pending, as the civil court has the authority to determine title and possession.

ORDER :

K MANMADHA RAO, J.

This writ petition is filed declaring the action of the 4th respondent in initiating proceedings under Sections 145 Cr.P.C. in regard to land admeasuring Ac 0.08 cents of Thavanampalle Village and Mandal and consequential prohibition orders passed against the petitioners from entering the said land vide proceedings in MC No.20/2017 dated 28.10.2017, as illegal and arbitrary.

2. The grievance of the petitioners is that one Mr. Raghavulu sold the entire stretch of land in Sy No.107 in favour of Mr. Chengarlraya Chetty for a valid consideration vide registered sale deed dated 11.02.1911 and delivered possession of the said lands. Further the petitioners’ great grandfather Mr. Chengal Reddy purchased the said site/lands from Chengalraya Chetty for consideration vide registered sale deed dated 16.02.1916 and that he was put in possession of the said land. Later the petitioners’ grandfather’s four sons partitioned their joint family properties orally prior to 1970 and that during the said partition the lands in Sy No.107 and lands in Sy No.106/2 and the temple situated therein all fell into the share of Mr. Subrahmanyam Reddy, as the 1st petitioner herein has been taking care of the said Mr. Subramanyam Reddy, and out of love and affect he transferred the said property in Sy No.107 vide registered gift settlement deed dated 08.01.1998 in favour of the 1st petitioner. While the things stood thus, who bore grudge against the petitioners, tried to interfere with the peaceful possession and enjoyment of subject property, the petitioners herein filed a suit in O.S No.559 of 2017 for declaration of title on the file of I Additional Junior Civil Judge, Chittoor (for short “the trial Court”) along with I.A.No.585 of 2017 seeking for grant of interim injunction and the trial Court has granted interim injunction. The main grievance of the petitioners is that the 4th respondent has issued proceedings vide M.C.No.20/2015 dated 28.10.2017 under Section 145 Cr.P.C., prohibiting the petitioners and some third parties from entry and occupation of the subject land i.e., Ac 0.08 cents in Sy.No.107 of Thavanampalli Revenue Village and Mandal until further orders to avoid untoward incidents by alleging that both the groups have been frequently engaging in quarrel and thereby disturbing peace. Questioning the same the present writ petition has been filed.

3. Heard Sri Keerthi Kiran Kota, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Home appearing for the respondents.

4. On hearing, learned counsel for the petitioners while reiterating the contents made in the petition submits that when the civil matter is seized before the competent civil Court in regard to title and possession of the subject property, the 4th respondent herein ought not to have passed orders under Section 145 (1) Cr.P.C., and that too in contradiction to the orders passed by the competent civil court i.e., the order dated 24.10.2017 in I.A No.585 of 2017 in O.S No.559 of 2017 on the file of I Additional Junior Civil Judge, Chittoor. He further submits that Section 145 (1) Cr.PC clearly stipulates whenever the 4th respondent is satisfied either from a police report or on information, that a dispute is likely to cause breach of peace, he shall make an order in writing stating the reasons and should also direct the concerned parties to approach Court on a specified date and time and put forward their respective claims of possession in writing, but whereas the 4th respondent herein has neither disclosed any reason in his prohibitory order dated 28.10.2017 nor has specified a time to appear before him to adjudicate the