Description

1. Initiation of Proceedings

   • If an Executive Magistrate receives a police report or other information indicating a dispute over land or water (including buildings, markets, fisheries, crops, produce, rents, or profits) that is likely to cause a breach of peace, he shall:
     • Issue a written order stating the grounds for his satisfaction.
     • Require the parties concerned to attend his court in person or through a pleader on a specified date and time.
     • Instruct them to submit written statements regarding their actual possession of the disputed subject.

2. Service and Publication of Order

   • A copy of the order shall be:
     • Served in accordance with the Code of Criminal Procedure.
     • Affixed at a conspicuous place near the subject of dispute.

3. Inquiry by the Magistrate

   • The Magistrate shall:
     • Examine the statements of the parties.
     • Hear the parties and receive evidence produced by them.
     • Take further evidence, if necessary.
     • Decide which party was in possession at the time of issuing the order.

4. Wrongful Dispossession

   • If a party was forcibly and wrongfully dispossessed:
     • Within two months before the Magistrate received the police report, or
     • After the date of the police report but before the Magistrate’s order,
     • The Magistrate may treat the dispossessed party as being in possession on the date of his order.

5. Cancellation of Proceedings

   • Any party may challenge the existence of such a dispute.
   • If the Magistrate is satisfied that no dispute exists, he shall cancel the order, and no further proceedings shall take place.
   • Otherwise, the order shall remain final and binding.

6. Final Order on Possession

   • If the Magistrate confirms possession in favor of one party, he shall:
     • Issue an order declaring that party entitled to possession until evicted through due process of law.
     • Forbid any disturbance of such possession until lawful eviction.
     • If wrongful dispossession was found under Clause (4), he may restore possession to the wronged party.
   • This order shall be served and published in the same manner as the initial order.

7. Death of a Party During Proceedings

   • If a party dies, the Magistrate may:
     • Add the legal representative of the deceased to the proceedings.
     • If there is a dispute over the legal representative, all claimants shall be made parties.

8. Custody or Sale of Perishable Property

   • If the disputed property consists of crops or perishable goods, the Magistrate may:
     • Order its custody or sale.
     • Upon completion of the inquiry, decide the disposal of the property or its sale proceeds.

9. Summoning Witnesses & Production of Documents

   • At any stage of proceedings, the Magistrate may:
     • Issue a summons to a witness.
     • Direct a witness to produce documents or evidence.

10. Magistrate’s Power Under Section 107

• This section does not affect the Magistrate’s power to take preventive action under Section 107.