WP/26470/2005 of Chinnam Anjamma, Vs The Mandal Revenue Officer, on 29 December 2005

:O R D E R:

The petitioner is a resident of Darsi village in Prakasam district. He was assignedhouse site admeasuring Ac.0-05 cents in survey No.783/2 marked as Plot No.7 ofDarsi village. When second respondent tried to interfere with her possession, thepetitioner filed a suit being O.S.No. 25 of 2005 on the file of Junior Civil Judge, Darsiand obtained ad-interim injunction in I.A.No. 79 of 2005 dated 18-02-2005, which isstill in force. It appears, initially the house site was assigned to second respondentby the Mandal Revenue Officer in 1987 and without noticing the same, on a requestmade by the petitioner, the same site was again given to the petitioner. Therefore,the second respondent filed an appeal before the Revenue Divisional Officer,Kandukur. In view of the same, the first respondent issued impugned proceedingsdated 28-09-2005 purportedly under Section 145 of the Code of Criminal Procedure,1973 (for short ‘Cr.P.C.’) directing the petitioner not to make any construction on thesite.

Learned counsel for the petitioner submits that when there is an ad-interim injunctionin favour of the petitioner and the appeal filed by the second respondent isadmittedly pending before the Revenue Divisional Officer, the exercise of powersunder Section 145 of Cr.P.C. is unwarranted and illegal.

Learned Assistant Government Pleader for Revenue (General), after obtaininginstructions from the first respondent, submits that the petitioner and the secondrespondent herein appeared before the Revenue Divisional Officer and agreed tosettle the matter between them and, therefore, necessary steps are being taken towithdraw the impugned proceedings.

In view of the submission by the learned Assistant Government Pleader, it is notnecessary to adjudicate the matter any further. Recording the submission made bythe learned Assistant Government Pleader, the writ petition is accordingly disposedof. No costs.

29-12-2005

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V.V.S. RAO, J