SYED SHAREEFUDDIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking Mandamus to declare the action of respondent No.3 in passing the impugned order dt.20.09.2019 vide Rc.No.B/1725/2019 basing on the report of respondent No.4, whereby respondent No.3 by invoking the provision under Section 145 of Cr.P.C. had directed the parties to the dispute, viz., the petitioners and unofficial respondent Nos.6 and 7 to maintain Law and Order.

(2.) Heard Sri M. Ajay Kumar, learned counsel for the petitioners, and the learned Government Pleader for Revenue appearing for respondent Nos.1 to 3.

(3.) Learned counsel for the petitioners submits that the petitioners had earlier filed a suit being O.S.No.726 of 2010 on the file of the II Additional Senior Civil Judge, Warangal, which has been decreed on 17.04.2012 in their favour and for enforcement of the said decree dt.17.04.2012, the petitioners filed E.P.No.191 of 2019 in O.S.No.726 of 2010 and the same is pending. Learned counsel would further submit that since already proceedings are pending before the learned II Additional Senior Civil Judge, Warangal, respondent No.3 ought not to have passed the impugned order by invoking the provision under Section 145 of Cr.P.C., as the same would amount to initiation of parallel proceedings with regard to the same property.