JUDGMENT :

R.K. Dash, J. - This petition u/s 482, Cr PC is filed invoking inherent power of the Court to quash the order of the learned Executive Magistrate passed in Misc. Case No. 41 of 1990 converting the proceeding u/s 144. Cr PC to one u/s 145 and subsequent order declaring the possession of the opposite party (first party in the Court below) in respect of the land in question.

2. The disputed land appertains to plot No. 531 under Khata No. 61 of mouza Dangulu, P. S. Sadar, District Phulbani. On an application being filed by the opp. party that there was likelihood of commission of breach of peace concerning the disputed land, learned Subdivisional Magistrate, Kondhamal, Phulbani, initiated a proceeding u/s 144, Cr PC on 25-7-1990 and restrained both the parties to enter upon the said land. In response to the notice the petitioners entered appearance and filed their show-cause. Since both parties independently advanced claim of possession, which required determination in a properly constituted proceeding, the learned SDM vide his order dated 14-11-1990 converted the proceeding to one u/s 145, Cr PC. Thereupon he proceeded with the hearing and recorded evidence adduced by the par