AI Structured Summary
Not yet generated for this judgment
Judgment
K.H.N. Kuranga, J.—The petitioner is Party No. 1 in MAG.C.R. 34/89-90 on the file of the learned Sub-Divisional Magistrate, Gadag. He has in this Petition challenged the order dated 3.3.1990 passed by the learned Sub-Divisional Magistrate u/s 145 Cr.PC., and appointing one of the Senior Principals of the Institution as Receiver to look after the management of the properties.
It is the case of the petitioner that he is the President of the Kanakadasa Shikshana Samithi, Gadag. Respondents 2 to 6 claimed that they had managed the Institution.
On 24.4.1989 the Assistant Charity Commissioner passed an order declaring the petitioner as the President of the said Institution, Against this order, respondents-2 to 6 filed Appeals Nos. 11, 12 and 13/1989 before the learned Charity Commissioner, Belgaum. The learned Charity Commissioner dismissed these Appeals.
Against this order, Writ Petition No. 14105/1989 has been filed by respondents-2 to 6 and it is stated that it is pending, in the meanwhile, the P.S.I, of Betageri Extension Police Station, Gadag, had submitted a report before the Sub-Divisional Magistrate and the Sub-Divisional Magistrate has passed the impugned order on the basis of the said report.
Heard the learned Counsel for the petitioner, Sri V.T. Rayareddy, Sri M. Marigowda, learned High Court Government Pleader for Respondent-1 and Smt. Manjula Devi, learned Counsel for R-2 to R-6.
Section 146 of the Cr.P.C., reads thus:-
"145. (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 statement of their respective claims as respects the fact of actual possession of the subject of dispute.
(2) (3) xxxxx xxxxx xxxxx"
A reading of this Section shows that the learned Sub-Divisional Magistrate, if he is satisfied from a report of the Police Officer or upon other information that a dispute likely to cause breach of peace exists concerning any land or water, or the boundaries thereof, within his local jurisdiction, he shall make an order in writing. The dispute, in this case relates to the management of the Institution between the petitioner and respondents 2 to 6. The dispute is not even in respect of a building that is existing in which the educational institution is being run.
Therefore, it cannot be said that the dispute is likely to cause a breach of the peace concerning any land or water or the boundaries thereof, exists in this case. Hence, the learned Sub-Divisional Magistrate could not have initiated the proceedings u/s 145 Cr.P.C. and ought not to have appointed the Receiver to took after the management of the properties. The order passed by the learned Sub-Divisional Magistrate is without jurisdiction. Hence, the impugned order is illegal and it is liable to be set aside,
Accordingly, the Petition is allowed. The order dated 3.3,1990 passed by the Sub-Divisional Magistrate, Gadag Sub-Division, Gadag, in case No. M.A.G. CH.34/89-90, is quashed.