ORDER
K.B. Srivastava, J.
1. This reference arises out of proceedings under Section 145. Code of Criminal Procedure.
2. The facts are as follows:-
There is a Higher Secondary School at Lalganj in the district of Pra-tapgarh. Certain disputes cropped up between Ram Anjore Misra, Daya Shanker, and Rajendra Prasad, 1st party and Onkar Nath. Lalta Prasad and Ram Chandra’Ilnd 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 Prinripalship of the Higher Secondary School, Lalganj…. including landed property and buildings and land appurtenant thereto between … 1st 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 examinations 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, etc.
4. The Subdivisional Magistrate held that the Managing Committee sponsored by the 1st party was the only legally constituted committee and the Managing Committee alleged to be in office by the Und party was not legally or validly constituted. After deciding this question of title, he gave a further finding that the 1st partv 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 1st party until it was evicted by a proper court in due course of law. The order was passed both under Sections 145 and 147 of the Code of Criminal Procedure.
5. Section 145 provides the procedure to be followed where the Magistrate is satisfied that:
1- a dispute exists concerning land or water or the boundaries thereof within the local limits of his jurisdiction. and
2. such dispute is likely to cause a breach of the peace.
The Jurisdiction to institute proceedings under this section is an exceptional one and the provisions of the section should consequently be strictly followed when taking action under it. The subject of dispute must be land or water or the boundaries thereof. The .jurisdiction of a Magistrate to institute proceedings under Section 145 arises on his being satisfied that there is a dispute concerning land or water or the boundaries thereof. The expression “land or water” has been referred to in Section 145(2) also which says that this expression includes buildings. There can be no doubt that the land belonging to the school or its buildings or the appurtenances thereto constitute “land”. I may also say that moveable properties of the nature of furniture, books, registers etc.. found in the school building may also go along with the land. The question, however, will be whether Administration or Management, that is to say. the executive control of the affairs of the school will or will not be “land” or its “boundary”. Similarly, the question will remain whether the validity or otherwise of the constitution of the Managing Committee is tantamount to land or its boundary. A second question that will arise is whether proceedings under Section 147 could have been decided merely on the basis of affidavits. It is these questions that were canvassed before me. and which require decision.
To my mind the learned Magistrate had no jurisdiction to enter into the respective titles of the two parties as validly competent to constitute the Managing Committee or to administer the affairs of the college. The college has to be run under the scheme approved by the Educational authorities and whether the election of officers is in accordance with the scheme and law, is a matter within the province of a Civil Court and not of a criminal court. Otherwise also, questions of title are out of place in proceedings under Section 145. Besides the learned Magistrate should not have proceeded on the basis of mere affidavits as such a procedure is unknown to proceedings under Section 147 of the Code. Even if he combined the proceedings, and I do not pronounce about the validity of such a procedure, he should have recorded oral evidence as the law. precluded him from disposing of the matter on mere affidavits.
6. In the result, I quash the order passed by the learned Magistrate and accept the reference. If the Magistrate thinks that peace is likely to be disturbed he may resort to Section 107, Code of Criminal Procedure, or he may confine the case only to the land and buildings and proceed afresh from the stage of the preliminary order. The case is sent back with the directions aforesaid.