( 1 ) THIS revision must succeed and the impugned order of the learned Magistrate passed under 147 of the Code of Criminal Procedure, 1898 must be quashed.

( 2 ) IT is settled law that the satisfaction of the Magistrate as to the existence of a dispute likely to cause a breach of peace concerning land or water or the boundaries thereof or regarding any alleged right to user of such land or water is the sole foundation of the jurisdiction to proceed under section 145 or section of 147 Chapter XII of the Code of 1898, which is still the Code operating in Sikkim. Section 532 of the Code of 1872, corresponding to section 147 of the Code of 1898, did not contain any reference to any likelihood of breach of peace, as the present section 147 does, but provided that the Magistrate could proceed there under, if a dispute arise concerning the right of any land or water, or any right of way,t whether or not there was any likelihood of breach of peace. But it was nevertheless settled, as would appear from the old Calcutta Division Bench decision delivered by Phear, J. in Rosik Lall Nundi v. Karlik Shaut, that the jurisdiction which is given to the Magistrate by this sec