What is Procedure where dispute concerning land or water is
likely to cause breach of peace? Section 145 of Code of Criminal
Procedure where dispute concerning land or water is likely
to cause breach of peace is defined under Section 145 of CRPC
1973. Provisions under this section is:
Section 145 of CRPC "Procedure where dispute concerning
land or water is likely to cause breach of peace"
(1) Whenever an Executive Magistrate is satisfied from a report
of a police or upon other information that a dispute likely to
cause a breach of the peace exists concerning any land or water
or the boundaries thereof, within his local jurisdiction, he
shall make an order in writing, stating the grounds of his being
so satisfied, and requiring the parties concerned in such
dispute to attend his Court in person or by pleader on a
specified date and time, and to put in written statements of
their respective claims as respects the fact of actual
possession of the subject of dispute.
(2) For the purposes of this section, the expression "land or
water" includes buildings, markets, fisheries, crops or other
produce of land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner
provided by this Code for the service of a summons upon such
person or persons as the Magistrate may direct, and at least one
copy shall be published by being affixed to some conspicuous
place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits
or the claims of any of the parties to a right to possess the
subject of dispute, peruse the statements so put in, hear the
parties, receive all such evidence as may be produced by them,
take such further evidence, if any, as he thinks necessary, and,
if possible, decide whether any and which of the parties was, at
the date of the order made by him under sub-section (1), in
possession of the subject of dispute:
Provided that if it appears to the Magistrate that any party has
been forcibly and wrongfully dispossessed within two months next
before the date on which the report of a police officer or other
information was received by the Magistrate, or after that date
and before the date of his order under sub-section (1), he may
treat the party so dispossessed as if that party had been in
possession on the date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required
to attend, or any other person interested, from showing that no
such dispute as aforesaid exists or has existed; and in such
case the Magistrate shall cancel his said order, and all further
proceedings thereon shall be stayed, but, subject to such
cancellation, the order of the Magistrate under sub-section (1)
shall be final.
(6) (a) If the Magistrate decides that one of the parties was,
or should under the proviso to sub-section (4) be treated as
being, in such possession of the said subject, he shall issue an
order declaring such party to be entitled to possession thereof
until evicted therefrom in due course of law, and forbidding all
disturbance of such possession until such eviction; and when he
proceeds under the proviso to sub-section (4), may restore to
possession the party forcibly and wrongfully dispossessed.
(b) The order made under this sub-section shall be served and
published in the manner laid down in sub-section (3).
(7) When any party to any such proceeding dies, the Magistrate
may cause the legal representative of the deceased party to be
made a party to the proceeding and shall thereupon continue the
inquiry, and if any question arises as to who the legal
representative of a deceased party for the purposes of such
proceeding is, all persons claiming to be representatives of the
deceased party shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other
produce of the property, the subject of dispute in a proceeding
under this section pending before him, is subject to speedy and
natural decay, he may make an order for the proper custody or
sale of such property, and, upon the completion of the inquiry,
shall make such order for the disposal of such property, or the
sale-proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the
proceedings under this section, on the application of either
party, issue a summons to any witness directing him to attend or
to produce any document or thing.
(10) Nothing in this section shall be deemed to be in derogation
of the powers of the Magistrate to proceed under section 107.