B. N. Jha, J. - This application by the first party in a proceeding under Section 145 of the Code of Criminal Procedure is directed against the order dated January 16, 1968, passed by the Sub-divisional Magistrate, Banka, starting the proceeding in question and attaching the disputed land under Section 145 (4) of the Code.

2. The Sub-divisional Magistrate, Banka, started a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the Code) on November 30, 1967 on the basis of a police report dated November 29, 1967, as there was an apprehension of the breach of peace and restrained the petitioners and the opposite party from going upon the disputed land. As in the opinion of the Sub-divisional Magistrate a bonafide land dispute existed between the parties, the proceeding was converted into one under Section 145 of the Code on January 16, 1968. The disputed land appertains the khata no. 171 of village Pabey, police station Amarpore district Bhagalpur. The total area of the land of khata no. 171 was 23.83 acres which belonged to the family of the petitioners. The entire land of khata no. 171 was sold in an auction on June 16, 1931 and was purch