Magistrate lacks authority to arbitrarily determine title issues and must conduct proper hearings under applicable statutes.

1. This reference arises out of proceedings under S.145, Code of Criminal Procedure .

2. The facts are as follows -
There is a Higher Secondary School at Lalganj in the district of Pratapgarh. Certain disputes cropped up between Ram Anjore Misra, Daya Shanker, and Rajendra Prasad, 1st party and Onkar Nath, Lalta Prasad and Ram Chandra - IInd party regarding the administration and management of the school, the validity of its Managing Committee, and the validity of the appointment of the principal and each party claimed to be legally entitled to manage the school and all its landed property, building and appurtenances. The disputes started taking an ugly shape and there was an apprehension and likelihood of breach of peace. The Station Officer, P. S. Lalganj submitted a report to the learned Subdivisional Magistrate, Kunda, on May 22, 1969 about the likelihood of breach of peace on account of the said dispute and thereupon the learned Subdivisional Magistrate passed an order on the same date, which I am tempted to quote in extenso. The order reads thus: -
"Whereas I am satisfied from the report of the S. I. Police, dated 22-5-1969 that a dispute likely to cause breach of the peace exists regarding the right of user of the Administration, the Management. Managing Committee and the Principalship of the Higher Secondary School, Lalganj......... including landed property and buildings and land appurtenant thereto between ......... Ist party and......... Second party. Whereas I consider the case one of emergency. Therefore. I......... attach the subject in dispute and direct the S. O. to execute the order of attachment and to put the property under dispute in the custody of the District Inspector of Schools............ Who may be assisted by a Senior Officer of Education Department......... and who shall take over the entire administration of the said school including the management, the managing committee and the principalship of the said subject of dispute and shall perform such of the duties as are enunciated in the Education Code or other Educational enactments......... including receiving due tuition and other fee including Government grants disbursing due and legitimate
salary to all concerned and taking up examination and announcing results and the like and shall keep proper accounts of public fund involved in the entire affairs aforesaid and produce in this court............
It is further ordered that the two parties aforesaid or their accomplice or friends including, students.........Asstt. Teachers, Lecturers, Demonstrators, Laboratory Assistants, Clerks and the peons or the like shall not interfere with the exercise of the right of user by the supurdar aforesaid."

3. In pursuance of this order the Station Officer attached the Administration, Management, Managing Committee, land building, appurtenances thereto, furniture, books, registers etc.

4. The Sub-divisional Magistrate held that the Managing Committee sponsored by the Ist party was the only legally constituted committee and the legally Committee alleged to be in office by the IInd party was not legally or validly constituted. After deciding this question of title, he gave a further finding that the Ist party was in possession of the Administration, the Management the Managing Committee, the principalship and land, Buildings, furniture etc. within two months next before the date of the preliminary order and therefore he ordered the attached property to be released in its favour and forbade the IInd party from interfering with the possession of the Ist party unit was evicted by a proper court in course of law. The order was passed both under S.145 and S.147 of the Code of Criminal Procedure .

5. S.145 provides the pr