A District Magistrate or Sub Divisional Magistrate or any Executive Magistrate specially appointed by the State was of the opinion that to prevent immediately a nuisance or an engulfing danger or speedy remedy is urgently required on an issue, in such case the Magistrate may pass a written Order stating the facts of the case and served in the manner narrated in Section 134 of Cr.P.C. and direct such person to abstain from certain act or take certain order with respect to any property in its possession or under his control and if such Order is likely to prevent or an obstruction, annoyance or injury caused on to the person legally employed or danger to human life, health, safety or disturbance to the public peace or riot or an affray.         

Such ex parte Order can only be passed under special circumstances or in any ordinary course due notice be served on the person against whom the Order was directed.

Such Order be served to an individual person or a group of people residing in a particular locality or to the general public when frequenting or visiting any particular area or place.

Such Order shall not be in existence for more than 2 months.

Whereas, if required to be such Order may be extended by the State Government [by special notification] for another 4 months i.e. in total not exceeding 6 months from the date of Order originally passed by the Magistrate in that regard.

The Magistrate, his subordinate or his predecessor-in-office on his own or by an Application received from the affected person may revoke or alter the conditions of the Order if he deems appropriate.   

Similarly, the State may on its own or based on an Application received from the affected person revoke or alter the conditions of such Order. 

The State or the Magistrate having received such Application may give an early opportunity to the Applicant to appear before it or him, either in person or represented by the Pleader, provided the cause shown by the Applicant is not desirable by the State or the Magistrate it may dismiss the Application wholly or in part as the case may be and whatever it does so, it shall record the same.

When an Executive Magistrate receives a report from a Police Officer or receives information from other sources that there could be breach of peace over right to use of land or water in his Jurisdiction, provided he satisfied with such report or information, he then pass an Order in writing giving reasons for his such decision and inform concerned parties to attend his Court in person or represented by a Pleader on such date and time and put their written statement stating their claims over the dispute. 

“Land or Water” includes buildings, markets, fisheries, crops other produce of land or rent or profits from such property.

A copy of the Order shall be serviced to concerned persons as per the procedures laid down in the code, he then direct a copy of such Order shall be affixed in vantage place at the disputed area.

The Magistrate upon perusal of written statements submitted by concerned parties, examination of evidences and further evidences if any from other sources may come to conclusion on whose possession the property in dispute was originally on the date of he issuing an Order.

Provided any of the party forcibly or wrongfully dispossessed of his property within two months from the date of he received report from the Police or from the information he acquainted with, he may accordingly arrive at conclusion that the party dispossessed was its original possessor.

Whereas, no parties came with a dispute as thought by the Magistrate, or no dispute ever existed or exist on the date of his Order, he can then cancel his Order and all further proceedings shall be stayed or stopped permanently.

Otherwise, if the party, who was dispossessed was the original possessor, then an Order be passed declaring such party was entitled to possession. Provided, the party who unlawfully took possession of the property refuses to vacate or handover the possession, then the Magistrate can use force to dispossess the wrongful person from the property. Equally it is important for the Magistrate to publish such Order passed by him.

In case, the party to the dispute died in between the inquiry, the deceased legal representative be made party to the proceedings and even amongst themselves a dispute arise all legal representatives of the deceased be made as parties.

If the Magistrate is of the opinion that the crop or other produce has short shelf life and its disposal could make sense then he can order its sale. Upon completion of the inquiry, the sale proceeds will be disposed accordingly.

The Magistrate while proceeding with the inquiry may order any person to present in his Court to stand as witness or adduce documents.

No powers under this Section shall reduce the powers of the Magistrate given under Section 107.

Whereas the Magistrate who acted under Section 145 of Cr.P.C., attached the disputed property considering emergency or while during inquiry, if he decides none of the parties were the owners or he could not arrive at any conclusion who was in possession of the property and in such case the Magistrate can continue with the attachment of the property till a Civil Court determines the concerned party’s rights in it.

Otherwise, the Magistrate can withdraw the attachment should he thinks that it does not require any more as it would not cause any breach of peace.

The Magistrate, while the rights over the property pending disposal in the Civil Court, if he thinks fit he can appoint a Receiver to look after the property. Such appointment shall only be done when the Civil Court has not appointed any such Receiver.

Provided the Civil court has appointed the Receiver for the management of the property, the Magistrate shall immediately withdraw his Receiver by passing an Order accordingly. And may pass any other Order; incidental or consequential, in that regard, if he thinks necessary or appropriate. 

When an Executive Magistrate receives a report from a Police Officer or receives information from other sources that there could be breach of peace over right to use of land or water in his Jurisdiction and which may even relate to easement dispute, provided, such report or information was convincing, he then write to concerned parties to attend his Court in person or represented by a Pleader on such date and time. Also the parties might file their written statement stating their claims on the dispute. 

Explanation:

The Magistrate peruse the claims put forth by the parties, receive all evidences produced by them and consequences of those evidences and examination of further evidences, if any, he then decide on the dispute whether such rights exist or not by applying Section 145 narratives to its maximum on such inquiry. 

Provided, the Magistrate found there exist rights, he may make an Order prohibiting exercising any such right including, in a proper case, an order for the removal of any obstruction in the exercise of any such right.

The Magistrate shall not pass any such order where the right is exercisable all times of the year, unless such right has been exercised within three months next before the receipt of the report of a Police Officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such a seasons or on the last of such occasions before such receipt.

The Magistrate immediately upon commencement of the proceedings under Section 145 of Cr.P.C. records his reasons for taking up the inquiry and proceed with the proceedings.

When a local inquiry is required for issues narrated under Section 145, 146 and 147 of Cr.P.C. the concerned District Magistrate or Sub Divisional Magistrate may depute his subordinate Magistrate to conduct inquiry and report to him his findings in written so to enable him to decide the costs on inquiry be borne by whom.

The report thus filed stand as evidence in the case.

The costs, involved towards conduct of the proceedings under Sections 145, 146 and 147, including expenses incurred on witnesses, pleaders and such similar heads, and who shall bear those expenses and on what proportion shall be decided by the Executive Magistrate passing an Order.