Case Note & Summary
The petitioner, Chandramma, filed a writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. challenging an order dated 05.02.2020 passed by the Tahasildar/Executive Magistrate (respondent No.3) initiating proceedings under Section 145 Cr.P.C. in respect of land Sy.No.304 measuring 4 acres 38 guntas situated at Chitta Village, Bidar. The petitioner claimed that the land originally bore Sy.No.288 and was later re-numbered as Sy.No.304. She relied on the Record of Rights (ROR) from 1997-98 (Annexure 'A') showing the land as patta land with entries in the name of her husband in both column Nos.9 and 11. The petitioner contended that she was in lawful possession and there was no dispute likely to cause breach of peace. The respondents, including the Deputy Commissioner, Assistant Commissioner, Tahasildar, Revenue Inspector, Police Sub-Inspectors, and private individuals (Prabhu Madgirkar, Dhanaraj Vagge, Santosh Mamudagi), opposed the petition. The court examined the revenue records and found that the petitioner's possession was established. The court held that the Tahasildar's order was mechanical and without proper application of mind, as there was no imminent breach of peace. Consequently, the court allowed the writ petition, quashed the impugned order, and directed the respondents to drop the Section 145 Cr.P.C. proceedings.
Headnote
A) Criminal Procedure Code - Section 145 Cr.P.C. - Maintenance of Public Order - Jurisdiction of Executive Magistrate - The Tahasildar initiated proceedings under Section 145 Cr.P.C. based on a police report alleging dispute over land Sy.No.304. The petitioner contended that she was in possession as per ROR entries and there was no breach of peace. The court held that the proceedings were not maintainable as the petitioner's possession was clear from revenue records and no immediate threat to public order existed. (Paras 2-5)
B) Writ Jurisdiction - Article 226 of Constitution of India - Certiorari - Quashing of Orders - The court exercised its writ jurisdiction to quash the impugned order dated 05.02.2020 passed by the Tahasildar, as the order was without jurisdiction and based on a mechanical police report. The court directed dropping of Section 145 Cr.P.C. proceedings. (Paras 1, 5)
Issue of Consideration
Whether the order passed by the Tahasildar under Section 145 Cr.P.C. was sustainable when the petitioner was in possession of the land as per revenue records and there was no imminent breach of peace.
Final Decision
The writ petition is allowed. The impugned order dated 05.02.2020 passed by respondent No.3 (Tahasildar/Executive Magistrate) in File No.REV/MAG/CR-/2019-20/533 is quashed. The respondents are directed to drop the Section 145 Cr.P.C. proceedings.
Law Points
- Section 145 Cr.P.C. proceedings require existence of dispute likely to cause breach of peace
- possession must be determined based on revenue records
- writ of certiorari lies against orders without jurisdiction
Case Details
2021 LawText (KAR) (10) 3
Writ Petition No.200514/2021
Shivakumar Kalloor (for petitioner), Gururaj V. Hasilkar (HCGP for R1 to R6), Ravi B. Patil (for R7 to R9)
Chandramma W/o Late Narasing
The Deputy Commissioner, The Assistant Commissioner, The Tahasildar/Executive Magistrate, The Revenue Inspector, The Police Sub Inspector (Rural Police Station), The Police Sub Inspector (Gandhi Gunj Police Station), Prabhu Madgirkar, Dhanaraj Vagge, Santosh Mamudagi
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Nature of Litigation
Writ petition under Article 226 of Constitution of India read with Section 482 Cr.P.C. challenging an order under Section 145 Cr.P.C.
Remedy Sought
Quashing of order dated 05.02.2020 passed by Tahasildar initiating Section 145 Cr.P.C. proceedings and direction to drop those proceedings.
Filing Reason
Petitioner claimed she was in possession of land Sy.No.304 as per revenue records and there was no dispute likely to cause breach of peace.
Previous Decisions
Tahasildar passed order dated 05.02.2020 in File No.REV/MAG/CR-/2019-20/533 initiating Section 145 Cr.P.C. proceedings.
Issues
Whether the Tahasildar's order under Section 145 Cr.P.C. was sustainable when the petitioner's possession was clear from revenue records?
Whether there was any imminent breach of peace justifying Section 145 Cr.P.C. proceedings?
Submissions/Arguments
Petitioner argued that she was in possession of the land as per ROR entries and there was no dispute causing breach of peace.
Respondents opposed the petition, but the court found the order mechanical and without proper application of mind.
Ratio Decidendi
Section 145 Cr.P.C. proceedings can only be initiated when there is a dispute likely to cause breach of peace and the Magistrate must apply his mind to the existence of such apprehension. Mere police report without independent satisfaction is insufficient. Possession as per revenue records is a relevant factor.
Judgment Excerpts
This writ petition is filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., praying this Court to issue a writ of certiorari quashing the impugned order dated 05.02.2020 (Annexure ‘G’) passed by respondent No.3 in file No:REV/MAG/CR-/2019-20/533 and direct the respondents to drop Section 145 Cr.P.C., proceedings.
The petitioner in the main petition has contended that Sy.No.304 measuring 4 acres 38 guntas situated at Chitta Village, Bidar Taluk and District. The copy of the ROR from the year 1997-98 (Annexure ‘A’) filed along with petition, is clear that the land was a patta land and the entries in the name of petitioner’s husband in both column Nos.9 and 11.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. before the High Court of Karnataka, Kalaburagi Bench, challenging the order dated 05.02.2020 passed by the Tahasildar/Executive Magistrate initiating proceedings under Section 145 Cr.P.C. The court heard the matter and delivered judgment on 28.10.2021.
Acts & Sections
- Constitution of India: Article 226
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 145, Section 482
