( 1 ) THIS is a reference by the learned Sessions Judge of Sambalpur recommending that the Magistrate's order declaring first party's possession in a proceeding under Section 145, Cr. P. C. should be set aside. He characterises the Magistrate's order as one without jurisdiction. Mr. G. B. Mohanty appears for the second party and in support of the reference.

( 2 ) THE short facts are that the first party, a woman, filed an application on 24- 6-1948 in which she said that she had been dispossessed from her land, the subject-matter of the present dispute, on 13-6-1948. After she submitted the petition asking for starting a proceeding under Section 145, there was a great delay in completing the necessary enquiry by the Police and in drawing up the preliminary order calling upon the respective parties to appear and file statements as to their respective claims to possession. The preliminary order, contemplated in the section, was passed on 6-10-48. The learned Magistrate came to a finding that the first party was in possession till dispossessed. The relevant paragraph of the trial Magistrate's order reads as follows:

"the first party was forcibly dispossessed of the disputed estate on