SHAIK LIYAQAT Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed under Section 482 of Cr.P.C to quash the proceedings bearing No.A/02/2016 dated 09.08.2016 passed by the Executive Magistrate & Tahsildar, Yedpalli Mandal, Nizamabad District, whereby the Tahsildar passed "promulgation orders" under Section 133 & 145, as law and order issue arose regarding hereditary Mutawaliship between Abdul Razzak & two others and Shaik Manna & others, where both the parties were restrained to enter into Darga HZT Syed Shahead Habeebullah Hussain (RH) situated at Kurnapalli village of Yedpalli Mandal.

(2.) The only contention before this Court urged by the learned counsel for the petitioner is that the Executive Magistrate and Tahsildar, Yedpalli Mandal, Nizamabad District, did not follow the procedure prescribed under Sections 133 and 145 of Cr.P.C and no notice was issued, failed to record his satisfaction about law and order problem under Section 145(1), thereby the proceedings are liable to be quashed, since the order under challenge is against the principles of natural justice.

(3.) Learned Public Prosecutor for the State of Telangana supported the order dated 09.08.2016 and contended that as per subsection (1) of Section 145 of Cr.P.C, whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.