JUDGMENT :- This is a revision against an order of Sri R.N. Dhal Samanta, Magistrate, Ghumsur Russelkonda, dated 30-5-51, passed under 145, Criminal P.C., confirming the possession of the members of the 1st party. The learned Court below finds possession in favour of the 1st party relying upon quite a number of documents in respect of possession and the oral evidence of the witnesses whom he characterises as independent witnesses.

2. Mr. H. Mohapatra, appearing on behalf of the petitioners, draws my attention to the preliminary order passed on 9-10-50. In the preliminary order, the Magistrate finds that he is satisfied that there is a dispute in respect of the immoveable properties between the parties leading to the likelihood of breach of the peace as appears from the police report dated 23-8-49. Mr. Mohapatra contends that the police report being more than 13 months before the preliminary order was passed, the preliminary order is illegal and without jurisdiction inasmuch as it was based upon no material that there was any likelihood of breach of the peace at the date when the preliminary order was passed. He very strongly relies upon the decision of the Calcutta High Court report