THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.16034 of 2024

ORDER:

Aggrieved by the action of respondent No.3 in interfering into the peaceful possession and enjoyment of the petitioners over their respective extents of lands in Survey Nos.328, 329, 476, 477, 478, 479, 481, 482, 490, 491, 498, 505, 508, 509, 527, 523, 531, 537, 538, 539, 541, 542, 546, 547, 553 and 569, total admeasuring Ac.91-34 guntas of Nagilla Village, Madgul Mandal, Rangareddy District and trying to dispossess the petitioners from the said lands under the influence of unofficial respondent Nos.4 to 11, the present writ petition is filed. A consequential prayer is sought to direct respondent No.3 not to interfere into the petitioners’ peaceful possession and enjoyment of the petitioners over their respective extends of lands in the aforesaid survey numbers and to direct respondent No.3 not to involve into the civil dispute between petitioners and unofficial responds in respect of the lands except otherwise in accordance with law.

2. Heard Mr. Manideep, learned counsel representing the learned counsel for the petitioners on record and Mr. M.Rama Rao, learned counsel appearing for the unofficial respondents.

3. Learned counsel for the petitioners submitted that the petitioners are the owners and possessors of their respective extents of land as stated supra and are eking their livelihood by doing cultivation. The respondent No.3 under the influence of the unofficial respondents is harassing and threatening the petitioners to stop cultivating the lands and to vacate the same, otherwise they will be forcefully dispossessed from their lands. Aggrieved by the acts of respondent No.3, the petitioners are constrained to file this writ petition.

4. Learned counsel for the official respondents filed a memo stating that Assistant Commissioner of Police, Ibrahimpatnam Division, Rachakonda Commissionerate submitted a requisition on 02.05.2024 reporting that several F.I.R.s has been registered between 2022 and 2024 involving the petitioners and some of the unofficial respondents over the same disputed lands. He requested initiation of proceedings under Section 145 Cr.P.C. to maintain peace until the dispute is resolved. Pursuant thereto, a report was obtained from the Tahsildar, Madgul Mandal, vide Lr.No.B/456/2023 dated 22.05.2024, recommending promulgation of Section 145 Cr.P.C. in respect of the disputed lands, wherein both parties are claiming rights over an extent of Ac.180-04 guntas in the aforesaid survey numbers.

5. In view of the same, the Sub-Divisional Magistrate & Revenue Divisional Officer (for short “RDO”), Ibrahimpatnam Division, Rangareddy Division passed the order in proceedings No.B/962/2024, dated 22.05.2025, which reads as follows:

“As the law and order arose over the subject lands and to maintain peace and tranquility over the subject lands bearing in Survey Nos.328 to 330, 476 to 479, 481, 482, 491, 497 to 505, 507 to 509, 527, 528, 531, 536, 538 to 542, 544, 546, 547, 550, 553, 557, 561, 562, 565, 566, 568 and 569 situated at Nagilla Village, Madgul Mandal, Rangareddy District, I, K.Anantha Reddy, Sub-Divisional Magistrate – cum – Revenue Divisional Officer, Ibrahimpatnam Division, hereby promulgate Section 145 Cr.P.C. restraining all the parties to enter into the subject lands and create any law and order problem, till final orders passed in the matter. The Tahsildar, Madgul Mandal, Rangareddy District, is hereby directed to take over possession of the subject lands under cover of panchanama and keep the lands under his safe custody. He is also directed not to allow any encroachments over the subject lands.”

6. Section 145(5) of Cr.P.C. reads as follows:

“Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but