R. L. NARASIMHAM, C. J.

( 1 ) THIS is a reference by the Sessions Judge of Sambalpur recommending the setting aside of an order dated 18-2-60 passed by a First Class Magistrate of Uditnagar directing delivery of possession of certain lands io the second party (opposite party in this proceeding),

( 2 ) THE disputed lands were the subject matter of a regular proceeding under Section 145 Cri. P. C. before the said Magistrate, in Miscellaneous Case No. 602/t-435 of 1959. The lands were attached during the pendency of the proceeding. The learned Magistrate eventually dropped the proceeding under Section 145 Cri. P. C. on 18-1-60 observing that he was not inclined to believe that there would be any fresh breach of peace between the parties and that they might get their dispute decided by the Civil Court. On the question of possession lie held that neither party was in actual possession as the disputed lands were cultivated by tenants. He also observed that neither party threatened to dispossess the tenants. Though the Magistrate thus dropped the proceeding on 18-1-60 he did not pass any ancillary order on that date as regards the disposal of the attached lands. After waiting for the per