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Judgment
Heard Sri Pramod Singh, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
According to the petitioners, vide proceedings dated 23-03-2022 respondent No.2 promulgated proceedings under Section 145 of Cr.P.C., without serving notices to the petitioners. They have filed a suit vide O.S.No.392 of 2022 against respondent No.4 for perpetual injunction and learned II Addl. Junior Civil Judge – cum – II Addl. Metropolitan Magistrate, at L.B. Nagar, Ranga Reddy District has granted interim injunction vide order dated 13-10-2022 in I.A.No.146 of 2022 in O.S.No.392 of 2022. The said order is on contest. Respondent No.4 did not file any appeal challenging the said order. Even then, without considering the said facts, respondent No.2 has promulgated the proceedings under Section 145 of Cr.P.C., in respect of the aforesaid property.
According to the petitioners, respondent No.2 did not conduct enquiry in terms of Section 145 of Cr.P.C. Therefore, petitioners have not filed their statements in terms of Section 145 (5) of Cr.P.C. Petitioners have to file counter / statement before respondent No.2 in terms of Section 145 (5) of Cr.P.C., contending that there is no dispute exists or has been existed. On filing of such counter/ statement, respondent No.2 has to consider the same and if satisfied, he shall cancel the said order and all further proceedings therein shall be stayed. Respondent No.2 is also having power to cancel the aforesaid order. Therefore, petitioners herein instead of filing the aforesaid statement in terms of Section 145 (5) of Cr.P.C., filed the present writ petition.
In view of the aforesaid discussion, this writ petition is disposed of, at the admission stage, granting liberty to the petitioners to file statement / counter before respondent No.2 in the aforesaid case No.B/802/2021 putting forth their claim along with supporting documents including copy of order dated 13-10-2022 passed in I.A.No.146 of 2022 in O.S.No.392 of 2022 within one week from today. On filing of the said claim / counter, respondent No.2 shall consider the same, more particularly, the fact of the pendency of the aforesaid suit and granting of injunction in favour of the petitioners and dispose of the said application in terms of Section 145 (5) of Cr.P.C., within one week from the date of filing of the said application.
At this stage, learned counsel appearing for the petitioners would submit that under the guise of aforesaid order dated 23-03-2022, the Tahsildar is trying to dispossess the petitioners from the subject property and to give effect to the same. Therefore, till disposal of the aforesaid application / claim to be filed by petitioners in terms of Section 145 (5) of Cr.P.C., respondents 3 and 4 are directed not to dispossess the petitioners from the subject property or give effect to the aforesaid order dated 23-03-2022. If the petitioners fail to file counter / claim within one week from today, liberty is granted to respondent Nos.3 and 4 to take steps, in accordance with law. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.