Due process must be adhered to in issuing orders under Sections 144 and 145 of the CrPC.

ORDER:

Heard learned Counsel appearing for the petitioners and Smt. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record.

2. Learned Counsel for the petitioners submits that the petitioners are questioning the order dated 13.07.2012 in Proceedings No.B/2574/1012 passed by the respondent No.1 under purported exercise of power under Section 144 and 145 of Criminal Procedure Code (CrPC) as arbitrary and illegal.

3. Learned Counsel for the petitioners submits that the respondent No.1 basing on the representation made by the respondent No.2 and 76 others directing the petitioner No.1 not to obstruct the alleged easment from Sri Sai Nagar Colony to RCA main road and restore it to its original state. The respondent No.2 and others have filed a representation contending that there is a pathway (donka) which is used as an approach road by them as per the alleged approved layout developed by their owner and they have purchased plots in the said layout which was approved by the Gram Panchayat and have constructed houses and have been residing in the colony by paying taxes regularly and they are used as an approach road to RCA for the last several years and suddenly in an illegal manner closed the road and are leveling the same for their personal use. In the impugned order, the respondents basing on the report of the Additional Mandal Revenue Inspector dated 07.07.2012 stated that the petitioners obstructed the pathway to Sri Sainagar which has been using for the last 25 years in Sy.No.134 and 145. Basing on the said report, respondent No.1 issued notice to the petitioners on 07.07.2012. Surprisingly the impugned order is passed invoking the power under Section 144 and 145 of Cr.P.C., on 13.07.2012 even before expiry of 7 days period given to the petitioner No.1 to submit his explanation and there is a dispute with regard to the ownership and possession of the land which needs to be adjudicated before a competent Civil Court and invocation of power under Section 144 and 145 Cr.P.C., and the alleged layout of the respondent No.2 and others is not an approved plan. Without there being any proceedings, the respondent No.1 issued impugned order and requested to set aside the same and submits that this Court passed interim order on 23.07.2012 and suspended the impugned proceedings and directed that it shall be open to the respondent No.1 to identify any approach to the colony in question, through roads, which are vested in the Gram Panchayat as per the approved layout. In spite of the said direction of this Court, the respondent No.1 not filed any counter and requested to set aside the impugned order by allowing the writ petition.

4. Learned Assistant Government Pleader for Revenue submits that the impugned notice issued under Section 144 and 145 of Cr.P.C., and the same is valid for six (6)

months and there is no cause survive in the writ petition, hence requested to dismiss the writ petition as infructuous. 5. After hearing both sides and perusing the material on record, this Court is of the considered view that merely basing on the report of the respondent No.2 and others, the respondent No.1 passed orders without following due process of law.

6. In view of the submissions made by both sides, the writ petition is disposed of by setting aside the impugned proceedings No.B/2574/2012, dated 13.07.2012 issued by the respondent No.1. There shall be no order as to costs.