EDLA ANJAIAH Vs. PURUMALLA MALLESHAM

JUDGEMENT

(1.) The learned Counsel on both sides requested the Court to dispose of the matter finally and addressed arguments.

(2.) The facts in giving rise to the filing of these petitions are, briefly, as follows :- Edla Mallesham and Edla Anjaiah are residents of Sitarampur village. It is alleged that there is a well in Sy. No. 70/B situated at Sitarampur and it is owned by both of them and utilising the water for raising crops in their lands. It is further alleged that Edla Anjaiah and others are not allowing Edla Mallesham to draw water from the said land through pipelines to irrigate his field in Sy. No. 70/B to an extent of Ac. 1-16 cents and he filed a petition before the Mandal Revenue Officer, Karimnagar, and he passed an order under Section 145, Cr. P.C. on 21-3-97 stating that it appears to him that dispute is likely to cause breach of peace due to stoppage of water passing through the pipelines to the land of Edla Mallesham in sy. No. 70/B and he has got a right to take water through the said pipelines and directing them to explain reasons as to why such stopping of water should not be removed and to submit the explanation within fifteen days from the date of the issuance of notice. The petitioners Edla Anjaiah and others filed a revision before the Sessions Judge, Karimnagar in Crl. Register CF No. 1350/1997 and the learned 1st Additional Sessions Judge, Karimnagar dismissed the said revision at the admission stage holding that it is an interlocutory order and no revision is maintainable under Section 397(2), Cr. P.C.

(3.) The petitioner filed a Criminal Petition No. 1888/97 under Section 482, Cr. P.C. to quash the said order.