KANTA VENKANNA Vs. INUGANTI VENKATA SURYA NEELADRI RAO

JUDGEMENT

(1.) This is a petition by the first counter-petitioner in the Lower Court to revise an order of the Sub-Divisional Magistrate of Peddapur passed under Section 147 of the Criminal Procedure Code "prohibiting the respondents from putting up any bunds across the channel in their field and from interfering with the petitioner's removing the obstructions already put up," namely, "the four small cross-bunds and that part of the bund higher up which is across the channel and no further."

(2.) Three objections are raised to this order: (1) that there was no likelihood of a breach of the peace on which such an order could be justified; (2) that the Magistrate had not found, as he ought to have done, that the petitioner was entitled to the use of the water flowing down the channel in question; and (3) that the terms of the order passed by the Magistrate are in violation of Section 147 according to which an order in the nature of a mandatory injunction ought not to be passed.

(3.) As to the likelihood of a breach of the peace, the Magistrate has in my opinion given good reasons for thinking that there was such likelihood. Proceedings were started on the 27 December, 1928, by an application by the petitioner in the Magistrate's Court for action under Section 144. The counter-petitioners sought to defeat that petition by the plea that the apprehended obstruction to the water- course was already completed, but the petitioner represented that such was not the case. Thereupon, on the 19 February, 1929, a preliminary order under Section 147 was passed, the previous order under Section 144 being vacated. In these circumstances the Magistrate was justified in thinking that the danger of a breach of the peace was not over.