M S RAOI Vs. Y N VENKATESWARA RAO

JUDGEMENT

(1.) This is a petition filed under Sections 435, 439 and 561-A Cr. P. C. for setting aside the preliminary order passed by the with City Magistrate, Hyderabad in M, C, No, 4/69 on his file. The order passed runs as follows.

(2.) Order requiring parties concerned in dispute to put in written statement of claims (Sec. 1 45 (1) Cr. P.O.). In the Court of VI City Magistrate, Hyderabad M. C. No. 4/69. To Dr, M. S. Rao (Dentist) son of Subbaramayya, Naidu, 51 years, resident of Himayatnagar, Hyd. Whereas it has been made to appear to me and I am satisfied for the reasons set out in the petition and affidavit that a dispute likely to cause a breach of the peace exists concerning land measuring 235 sq yards situated at Bogulkunta adjoiningTilak Road of Copy of petition enclosed), situate Bogulkunta with in the local limit of my jurisdiction, I do here by require you to attend at my Court in person on 30th May, 1069 and to put in a written statement of your claim as respects the fact of actual possession of the property aforesaid, and also such documents or to adduce by putting in affidavits, the evidence of such persons, as you rely upon in support of such claim, Given under my hand and the seal of the Court this 15th day of May, 1969. Sd/x, x. VI City Magistrate, Hyd This shows that what has been done by the Court is to fill up the blacks in form Not 27 and send it to the respondent in the case on a petition that was filed alleging likelihood of breach of peace with the contention that the petitioner is in lawful possession of the schedule land and the respondent is interfering with his possession and enjoyment. One of the contentions of the respondent in this petition is that the absence of the statement of grounds in the order vitiates the order. The relevant portion of Section 145 (I) Cr. P. C. reads as follows:

(3.) This shows that the Magistrate, if he is satisfied on a police report or other information that a dispute is likely to cause breach of the peace with regard to any land, should then make an order stating the grounds of bis being so satisfied and require the parties to put in written statements with regard to their respective claims.