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What are the proceedings before an Executive Magistrate in case of dispute/ quarrel over immoveable property?

What are the proceedings before an Executive Magistrate in case of dispute/ quarrel over immoveable property?

Such proceedings are contemplated under Section 145 of the Code of Criminal Procedure 1973. If the Executive magistrate of an area comes to know that there exist a dispute regarding any land, water, building, market, crop, etc. in his area and he is satisfied that the said dispute is likely to cause a breach of peace in the area, then he can send notice to the parties involved in the dispute to appear before him on the given day and time and give in writing their submissions about their respective claims to the subject matter of the dispute.

The parties can appear personally or through their pleader. After hearing the parties and after taking the evidence, the Magistrate can pass an order declaring which party is entitled to the possession of the property in dispute and can restore the possession to the party forcibly and wrongfully dispossessed. If the Magistrate is not able to find out as to which of them is entitled to possession, he may attach the property under dispute and appoint a receiver to collect the income from that property, until a competent court has decided such a question.

The Magistrate can withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of peace with regard to property in dispute. Similarly, if any dispute exist regarding the right of usage of any land or water, which dispute is likely to cause breach of peace, the Magistrate can order the parties concerned to appear and file their respective claims.

After hearing them and after taking evidence, he shall decide as to if any party has the right to use the land or water in question. While taking proceedings under section 145, the Magistrate can simultaneously exercise his powers of kalandra under section 107. If a police officer comes to know that some person is planning to commit any cognizable offence, then he may arrest such person under Section 151 without any warrant and without any order from the Magistrate if it appear to him that without arresting him, the commission of the said cognizable offence can not be prevented.

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