L.P.N.Shahdeo, J.

1. In this application, the order dated 2-12-1985 has been challenged by which a proceeding under Sec. 144 of the Code of Criminal Procedure was converted into a proceeding under Sec. 145 of the Code of Criminal Procedure, in respect of the disputed land.

2. It was submitted that it is admitted position in this case the opposite party No. 2 had tiled. Title Suit No. 33 of 1979 which is pending before the Additional Subordinate Judge, Daltonganj and, therefore, the conversion of the proceeding, when the title suit in respect of the same land is pending, should be held to be illegal.

3. On the other hand, the learned Counsel appearing on behalf of the opposite party No. 2, Mr. D.K. Sarkar has submitted that he has no instruction but he has not disputed this fact.

4. Heard the counsel for the petitioner, opposite party No. 2 and also the State.

5. It is admitted position in this case that Title Suit No. 33 of 1979 is pending before the Additional Subordinate Judge, Daltonganj, in respect of the disputed land which fact is further corroborated and stated in the impugned order itself, whereby the learned Magistrate, has admitted this position that in respect of