Whenever a local inquiry is necessary for the purpose of Ss. 145, 146 or 147, the District Magistrate or the Sub-Divisional Magistrate may depute any subordinate Magistrate to make an inquiry, furnish him with the necessary written instructions for his guidance, and declare by whom the whole or any part of the necessary expenses are to be paid.
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The report of the person so deputed can be read as evidence in the case. (S. 148)
ADVERTISEMENTS:
Specimen Orders:
1. The following is a specimen of a Magistrate’s Order under S. 145 declaring a party entitled to retain possession of land, etc., in dispute:
It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situated within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute) and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said (name or names or description) is true, I do decide and declare that he is (or they are) in possession of the said (the subject of dispute) and entitled to retain such possession until ousted by due course of the law, and do strictly forbid any disturbance of his (or they) possession in the meantime.
Dated, this 10th day of April, 20…….
ADVERTISEMENTS:
(Seal of the Court)
(Signature)
II. The following is a specimen of a warrant of attachment (under S. 146) in case of a dispute as to the possession of land, etc.:
To the Officer-in-Charge of the Police Station at……….
ADVERTISEMENTS:
(Or To the Collector of …)
WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned by name, and residence or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situated within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid);
This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this 10th day of April, 20…….
(Seal of the Court)
(Signature)