HEMACHANDRA SAGAR Vs. A LOBO

JUDGEMENT

(1.) Order under challenge is the one passed by the Tahsildar & Taluk Executive Magistrate, Bangalore South Taluk, Bangalore under Section 145, Cr. P.C as extracted hereunder:-

(2.) A perusal of the above order makes it clear that it not only a composite order but the Taluk Executive Magistrate has thoroughly confused himself about the ingredients to be followed under Section 145(1) Cr. P.C. and then, if necessary, to appoint a Receiver as required under Section 146(2) of the Cr. P.C.

(3.) Section 145(1), Cr.P.C. speaks of the following requirements to be complied by the Taluk Executive Magistrate:- (l)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 peace exists concerning any land or water or the boundaries thereof, the Executive Magistrate should satisfy himself:- (2) Such a dispute shall exist within his jurisdiction. (3) On satisfying about the existence of dispute and likelihood of breach of peace, the Executive Magistrate shall make an order in writing. (4) Such an order shall contain the grounds which necessitated him to arrive at a conclusion that he is satisfied about the existence of breach of peace. (5) On such satisfaction, he shall direct the parties concerned to attend his Court in person or by a pleader on the time and date specified. (6) The said parties may file the written statement about their respective claims as to actual \possession of the subject in dispute.