THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 7567 of 2007 Order: This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioners/second party to quash the proceedings in Case No.L/1265/2007 registered by the Sub-Divisional Magistrate-cum- Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division, R.R. District. The brief facts of the case are as follows. The petitioners herein are shown as second party and respondent Nos.2 to 4 herein are shown as first party in Case No.L/1265/2007 alleging that there exists a dispute over the land to an extent of Ac.13-07 gts., in Survey No.94 of Tirumalapur village of Kulkacherla Mandal. The Sub-Divisional Magistrate-cum-Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division, R.R. District (hereinafter referred as the Revenue Divisional Officer) promulgated orders under Section 145(1) Cr.P.C observing that to prevent the breach of public peace and tranquility in the village such orders are necessary. In the same orders, in continuation of the orders passed under Section 145(1) Cr.P.C., orders under Section 146(1) Cr.P.C., attaching the properties and authorizing the Tahsildar, Kulkacharla, to take possession of the said land and to act as receiver as required under Section 146(2) Cr.P.C., were also passed. The main contention of the learned counsel for the petitioners is that the proceedings under Section 145(1) Cr.P.C and under Section 146(1) and (2) Cr.P.C cannot be issued in the same order. His main submission is that the orders under Section 146(1) Cr.P.C. have to be passed subsequent to passing of orders under Section 145(1) Cr.P.C. Section 145(1) Cr.P.C is as follows. S.145. Procedure where dispute concerning land or water is likely to cause breach of peace.-(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Section 146(1) and (2) are as follows. S.146. Power to attach subject of dispute and to appoint receiver.-(1) If the Magistrate at any time after making the order under sub-section (1) of Section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in Section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate- (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just. A reading of Section 146 Cr.P.C gives an impression that the Magistrate at any time after making the order under sub-section(1) of Section 145 considers the case to be one of emergency and that none of the parties are in possession or that if he is unable to satisfy himself as to which of them has been in possession of the disputed property, he may attach the subject of dispute until a competent Court determines the rights of the parties thereto with regard to the person entitled to the possession thereof. A perusal of the impugned order makes it clear that the learned Magistrate did not state that none of the parties was then in such possession as is referred to in sub-section (1) of Section 146 Cr.P.C or that he is unable to satisfy himself as to which of them was then in such possession of the subject of the dispute. It also appears that an order under sub-section(1) of Secti0on 146 Cr.P.C can be passed at any time after making the order under sub-section(1) of Section 145 Cr.P.C. But both the orders cannot be made simultaneously in one and the same proceedings. In view of the same, I am of the view that the impugned proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed and the impugned proceedings are quashed. ______________________ B. CHANDRA KUMAR, J. Date: 22.04.2010 Nsr