It is the duty of the Magistrate to record in writing in clear and unambiguous terms that a dispute likely to cause breach of the peace exists and the grounds of his being so satisfied. If, however, due to inadvertence that Magistrate does not state the grounds of his satisfaction, the proceeding cannot be quashed as being without jurisdiction, if it otherwise appears from the record that there were materials for his satisfaction when the order under Section 145 (1), Cr. P. C. was passed.

G. K. MISRA, J.

( 1 ) FIRST party is the petitioner. Opposite Party No. 1 is the husband of Opposite party No. 2. The case of the petitioner is that he purchased the disputed land from purusottam Bhati by a registered sale deed on 9-6-1901 and got delivery of possession. Ever since then he was in possession. As the opposite parties created disturbance in his possession, he filed an application before the Magistrate asking for an order under Section 144, Cr. P. C. against the opposite parties. On 8-81963 an order under Section 144 was passed restraining the opposite parties from interference with the possession of the petitioner. On 12-11-1963 the learned magistrate heard arguments of the advocate for both parties and passed the following order. As this relates to a land dispute and the parties are disputing over possession on the same land for the last two years it is desirable that a finding can be given in case this is converted into a proceeding under Section 145, Cr. P. C. The lands be kept under attachment and receiver be appointed. Parties to file written statements, affidavits etc. in support of their respective claims to possession by 29-11-1983. Subsequently the parties filed their written statements, affidavits and documents. The learned Magistrate ultimately passed the following order : i therefore find that the members of the 2nd party were in actual possession of the land throughout and at the data of order and therefore order that She land be restored to the 2nd party, if 1st party is aggrieved, he should take recourse in a competent Court of law to establish his right. The property attached should be delivered to the 1st party. In the last sentence the learned Magistrate inadvertently used 1st' for 2nd'. The revision is directed against this order dated 27-5-1964.

( 2 ) MR. Rath raised three contentions :--

(i) The order under Section 144, Cr. P. C. passed on 8-8-1963 expired after sixty days on 8-10-1983. By the date the Magistrate converted the proceeding under Section 144, Cr. P. C. to one under Section 145, Cr. P. C. , there were no further materials before him to come to a conclusion that there was apprehension of breach of the peace and as such, the proceeding under Section 145, Cr. P. C. , is without jurisdiction and is liable to be quashed.

(ii) The affidavits filed by the parties have not at fill been discussed and the learned Magistrate committed error of record in saying that the affidavits of She 1st party did not refer to actual cultivation of the land.

(iii) Though the 1st party filed the sale deed on 20-6-64, it was not put up before the Magistrate for his consideration in the judgment, and, as such, the judgment is vitiated for non-consideration thereof.

( 3 ) SECTION 145 (1) lays down : whenever a District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate and to put in written statements of 'their respective claims as respects the facts of actual possession of the subject of dispute and further requiring them to nut in such documents or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims. It is well settled that a dispute concerning any land or water or boundaries thereof comes within the jurisdiction of the Civil Court which alone is competent to decide such matters. But if such a dispute is likely to cause a breach of the peace, then a magistrate gets jurisdiction under Section 145 (1) Cr. P. C. The Statute lays down that the Magistrate must, however be satisfied from police report