ORDER

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) to quash the proceedings dated 13.09.2023, vide File No.A/1369/2023, issued under Section 145 of Cr.P.C by the Revenue Divisional Officer, Mahabubnagar District.

2. The brief facts of the case are that one Mohd. Ishaq and Mohd. Abdul Hakeem are the absolute owners of the premises bearing No. 1-6-85/4A/6 situated at Boyapally Gate locality, Mahabubnagar District. Initially, Mohd. Ishaq and his elder brother did business in the said premises under the name and style of “Moon Chicken Centre” and the same was closed due to differences between them. Therefore, the Station House Officer, II Town Police Station, Mahabubnagar District filed a report to respondent No.2 for initiating the proceedings under Section 145 of Cr.P.C. Later, the petitioner has taken the said premises on lease under rental agreement dated 24.12.2022 and came into possession. It is further stated that the petitioner has obtained trade license for the purpose of doing business from Mahabubnagar Municipality, vide Trade Identification No.TS_DO_2023_1037/3479 under the name and style of “Yes Moon Chicken Center” and started his business.

3. Though the petitioner was in possession and enjoyment of subject premises, doing his business under the name and style of “Yes Moon Chicken Center”, the Station House Officer submitted a false report to respondent No.2 to seize the “Moon Chicken Center” and also to seize the vehicles of the firm under Section 145 Cr.P.C. Respondent No.2 without giving any notice to the petitioner passed orders dated

17.04.2023, vide File No.A/1369/2023, to seize the business of “Moon Poultry Point (Moon Chicken Center)”. The said firm was not at all in existence by that date. In consequence of the order dated 17.04.2023, respondent No.2 without issuing any notice and conducting any enquiry seized the “Yes Moon Chicken Center”. After receiving the said notice, the petitioner approached respondent No.2 with a representation dated 01.05.2023 stating that he is a tenant in the said premises and upon considering the rental agreement and trade license respondent No.2 issued revised order dated 13.06.2023, vide File No.A/1369/2023, delivering the property to the petitioner, as such, the petitioner was in possession of the same. Thereafter, the petitioner filed O.S No.645 of 2023 before the learned IV Additional Junior Civil Judge, Mahabubnagar District to restrain the landlords of the petitioner and his elder brother from interfering with the possession and enjoyment of the subject premises, but the Court below has granted status quo order dated 18.07.2023 in I.A No.103 of 2023 in the said suit and the same is extending from time to time.

4. It is further stated in this Criminal Petition that again without any notice, without hearing the petitioner and conducting any enquiry, respondent No.2 passed the impugned order dated 13.09.2023 under Section 145 of Cr.P.C to seize the “Moon Chicken Center” which is not at all in existence. In consequence to the said impugned order dated 13.09.2023, the Tahsildar, Mahabubnagar Urban Mandal issued a direction to the Station House Officer, II Town Police Station, Mahabubnagar District, on 29.09.2023, vide File No.C/1776/2023, to implement the orders of respondent No.2 and to seize the subject premises. Hence, the present criminal petition.

5. Heard Sri. S.N.S.Dhatri, learned counsel appearing on behalf of the petitioner as well as Sri.S.Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 – State.

6. Learned counsel for the petitioner submitted that the petitioner is a tenant in the subject premises and is running business under the name and style of “Yes Moon Chicken Center”. Initially, the owner of the subject premises did business under t