MANA MIRDHA Vs. LADHU BADHEI AND ANR.

JUDGEMENT

(1.) HEARD .

(2.) THIS revision is disposed of at the stage of hearing on admission with the active participation of learned Counsel appearing fro both the parties. The order of learned Executive Magistrate, Sambalpur in Criminal Misc. Case No. 1 of 1983 is under challenge in this revision. That was a proceeding under Section 145 of the Code of Criminal Procedure, 1973 (in short, 'the Code') which was decided in favor of the first -party opposite party.

(3.) OBJECT of a proceeding under Section 145 of the Code is to prevent breach of peace concerning a dispute relating to any land or water or boundaries thereof. Thus, while adjudicating such a dispute, the concerned Magistrate neither decides conclusively the right, title and interest claimed by neither the rival parties, nor its finding on possession is conclusive in nature. Permanent solution to such dispute can be availed by any of the parties by approaching the competent Court of jurisdiction having the authority and power to adjudicate the matter relating to right, title, interest and possession including the relief of recovery of possession.