Heard the parties.

2. This application under Section-482 of the Cr.P.C. has been filed on behalf of the petitioners who are IInd Party in Case No. 678 of 2008 initiated under Section-144 of the Cr.P.C., for quashing the order dated 14.02.2009 passed by District Magistrate, Sheikhpura in aforesaid Case No. 678 of 2008 whereby and whereunder, he converted the aforesaid proceeding of Section-144 of the Cr.P.C. into a proceeding under Section 145 of the Cr.P.C.

3. The brief facts giving rise to file this Quashing Petition is that Opposite Party No. 2, namely, Sunil Prasad Singh filed a petition before the District Magistrate, Sheikhpura on 13.12.2008 stating therein that he was the holder of licence No. 1/11-2009 for holding a Cattle Hat on Friday. The aforesaid licence had been issued in his favour by Nagar Panchayat, Barbigha but he got knowledge from newspapers that a new Cattle Hat has been started on Friday itself by petitioners which is north of the boundary of the Nagar Panchayat, Barbigha and on query, he came to know that petitioners got licence for holding the aforesaid Cattle Hat by the Panchayat whereas there was no provision of issuance of licence under the Bihar Panchayat Raj Act. He further stated in his petition that on earlier occasion, petitioner No. 1 had been holding Cattle Hat without licence which was declared illegal by the Nagar Panchayat and on account of the action of the petitioners; it may result into breach of peace.

4. On the basis of aforesaid petition, a report from the concerned police station was called for and subsequently, Officer-in-charge of Barbigha police station submitted a report on 25.12.2008 before S.D.M. Sheikhpura stating therein that there was mention of breach of peace between petitioners and Opposite Party No. 2 and accordingly, the Officer-in-charge, Barbigha Police Station recommended for initiation of a proceeding for prevention of breach of peace.

5. On the basis of aforesaid report, the learned S.D.M. Sheikhpura initiated a proceeding under Section-144 of the Cr.P.C. against the parties in respect of several Kheseras of village-Babhan Bigha, Police Station-Barbigha, District-Sheikhpura and directed the parties to file their show causes. Subsequently, petitioners filed their show cause before learned S.D.M. Sheikhpura which is Annexure-4 to this petition. The learned S.D.M. Sheikhpura, having considered the show causes of the parties, passed the impugned order in the manner as stated above.

6. I have heard the parties on the point of admission and in my view, this petition can be disposed of at the admission stage itself.

7. Learned counsel appearing for petitioners assailed the impugned order on the ground that petitioners had been granted licence for holding Cattle Hat at Khata No. 478 Khesera No. 135 area 33 decimals, Khata No. 647 Khesera No. 83 area 23 decimals, Khata No. 647 Khesera No. 37 area 36 decimals, Khata No. 786 Khesera No. 98 area 14 decimals, Khata No. 786 Khesera No. 101 area 54 decimals, Khata No. 628 Khesera No. 85 area 9 decimals, Khata No. 603 Khesera No. 84 area 2 decimals and Khata No. 473 Khesera No. 81 area 37 decimals situate at village-Babhan Bigha under the jurisdiction of Barbigha Police Station, District-Sheikhpura but the Opposite Party No. 2 was granted licence for holding Cattle Hat at different plots at village-Rampur Sindai. The distance between Babhan Bigha and Rampur Sindai is about 5 kms and therefore, the learned S.D.M. Sheikhpura had got no jurisdiction to initiate a proceeding under Section 145 of the Cr.P.C. because there was no dispute regarding the actual possession of the land and the question of breach of peace in respect of possession of any land does not arise. It is further contended by him that continuance of the proceeding, in question, is nothing but only an abuse of process of the law.

8. Learned counsel appearing for Opposite Party No. 2 submitted that the satisfaction of Magistrate is sufficient to initiate a proceeding under