Raja Rao & Anr Vs. Mirza Basheer Baig & Ors  INSC 626 (30 April 1996)
O R D
appeal by special leave arises from the order of the High Court dated April 2, 1991 made in Criminal Application No.
334/91. It is not necessary to narrate in elaboration all the proceedings that
have taken place between the parties. Suffice it to state that in respect of
the lands bearing Survey No. 202 situated in Lallaguda in Secunderabad of
Andhra Pradesh which is now part of the city of Hyderabad, an extent of 4922 sq. yds. is in dispute.
proceedings have taken place between the parties narration of which is not
material. The High Court in quashed proceedings of the initiation of the action
under Sections 145 and 146 of the Cr. P.C. gave the following directions:
there are some allegations that the police were not giving aid to the
petitioners even though there are injunction orders in their favour, I feel it
is desirable that some high official of the Survey Department like the
Assistant Director of Survey may be directed to inspect the suit land and localise
the suit land with the assistance of a Inspector of Survey with reference to
the survey records. The learned Magistrate then under Section 146 Cr. P.C. may
complete the enquiry expeditiously and pass final orders. Since the parties are
fighting out the matter since a long time, the learned Sub- Divisional
Magistrate is directed to dispose of the matter expeditiously and pass final
orders, preferably within a period of three months from today." In view of
the above directions, it would be necessary that the Survey Department should
demarcate the land, localise the same with the assistance of the Inspector of
the Survey and Land Record as directed by the High Court and the Magistrate
would take action pursuant to the report thereof according to law. In view of
the facts in this case, we think that it is not a case warranting interference
under Article 136 of the Constitution. We are not expressing any opinion on
merit since proceedings are pending at different stages in different courts.
Whatever proceedings have been taken place, will be subject to the appropriate
appeal is accordingly dismissed.