MOHANKUMAR V M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Taluka Executive Magistrate of Hassan Taluk initiated proceedings in case No. MAG.CR. 26/84-85 under Section 145 of the Code of Criminal Procedure (the Code) by passing a preliminary order dated 1.10.84 under sub-sec. (1) of Sec. 145 directing the members of the I party (petitioner), and the II party (respondents 2 & 3) to appear before him either in person or by pleader on 10.10.84 at 3 p.m. and to put in written statement of their respective claims in regard to the fact of actual possession of the subject of dispute namely 'Hotel Vijaya' situated in the Old Bus Stand at Hassan. The petitioners being aggrieved, have filed this revision petition challenging the validity and legality of the preliminary order and sought for setting it aside.

(2.) Sri Chandrasekharaiah, the learned Advocate appearing for the petitioners, raised two contentions for my consideration. They are:

(3.) Sri. S.S. Koti, the learned High Court Govt. Pleader appearing for respondent-1 State, argued in support of the stand taken by respondents 2 and 3. I shall proceed to consider the points raised by Sri Chandrasekharaiah in the order in which they are formulated. Point No. 1: Chapter X-D of the Code relates to the disputes as to immovable property. Sec. 145 which is the very first section under this part, provides for the procedure when dispute concerning land or water is likely to cause breach of peace. Existence of a dispute likely to cause breach of the peace is the foundation of the Magistrate's Jurisdiction to initiate proceedings under Chapter X-D. Sub-sec (1) of Sec. 145 consists of two parts. The first part requires that the Magistrate must be satisfied before initiating proceedings that a dispute concerning land or water or the boundaries thereof exists and that such dispute is likely to cause breach of peace.