Description

1. Local Inquiry by Subordinate Magistrate

Whenever a local inquiry is necessary for the purposes of:

• Section 145 (Disputes over possession of land or water likely to cause a breach of peace),
• Section 146 (Attachment of subject of dispute in emergency cases), or
• Section 147 (Disputes regarding the right of user of land or water),

a District Magistrate or Sub-divisional Magistrate may:

• Depute any subordinate Magistrate to conduct the inquiry.
• Provide written instructions for the subordinate Magistrate's guidance.
• Declare responsibility for expenses by specifying who shall bear the whole or a part of the inquiry costs.

2. Report as Evidence

• The report of the deputed Magistrate may be read as evidence in the case.

3. Costs of Proceedings

• If any costs have been incurred by a party in a proceeding under Section 145, Section 146, or Section 147, the Magistrate passing the final decision may direct:
  • Who shall bear the costs—whether the party who incurred them or another party to the proceeding.
  • The extent of cost liability—whether in full, part, or proportion.
  • Inclusion of additional expenses, such as:
    • Witness expenses
    • Pleaders' fees, if the Court finds them reasonable.