Telangana High Court
CRLP/940/2009 of Shaik Nagoor Mira Saheb, Vs The State of A.P., on 30 December 2010
N.RAVI SHANKAR CRL.P.NO.940 OF 2009 Dt.30.12.2010 Between: Shaik Nagoor Mira Saheb and others ..Petitioners And State of A.P. rep. by Public Prosecutor and another ..Respondents HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.NO.940 OF 2009 ORDER: This petition under Section 482 Cr.P.C., is
HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRL.P.NO.940 OF 2009
Dt.30.12.2010
Between:
Shaik Nagoor Mira Saheb and others ..Petitioners
And
State of A.P. rep. by Public Prosecutor and another
..Respondents
HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRL.P.NO.940 OF 2009
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ORDER:
This petition under Section 482 Cr.P.C., is filed againstthe notice dated 28.12.2008 given by the Sub DivisionalMagistrate, Kovvur to the petitioners calling upon them tofurnish written statement within two days after receipt of thenotice.
The above notice dated 28.12.2008 of the SubDivisional Magistrate shows that he expressed apprehensionabout breach of peace in connection with the dispute betweenthe petitioners on one side and one Pilli MohanaSatyanarayana on the other in connection with 400 sq.yardsof land situated in R.S.No.298/3 of Main Road in Penugonda.
The plea of the petitioners is that their WelfareAssociation and the A.P.State Wakf Board obtained a decreeregarding title and possession in their favour against PilliVenkata Ratnam in O.S.No.38 of 2003 on the file of theA.P.Wakf Tribunal. The contention of the petitioners is sincethey have a decree in their favour the Sub DivisionalMagistrate cannot initiate any proceedings.
It is not the case of the petitioners that they filed any E.P.for execution of the above decree and are taking steps to secure possession through the process of the Wakf Board orany other Civil Court to which the decree may be transmitted. It may also be noted that the impugned proceedings dated28.12.2008 of the Sub Divisional Magistrate only show that hehas merely called upon the petitioners to furnish theirexplanation. The petitioners instead of furnishing explanationhave rushed to this Court. Those proceedings of the SubDivisional Magistrate do not show that he took any stepsagainst the petitioners or pass any orders against theminterfering with their rights to the property in question.
Further, the proceedings of the Sub DivisionalMagistrate are dated 28.12.2008 and we are now inDecember 2010.
In the above circumstances, the quash petition isdismissed finding that there is no illegality committed by theSub Divisional Magistrate. But, if the proceedings are stillpending, the Sub Divisional Magistrate shall entertain theexplanation of the petitioners and pass final orders.
The petition is accordingly disposed of.
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SHANKAR, J.30.12.2010kpr