JUDGMENT 1. The rules must be made absolute. The Magistrate proposes to take proceedings to bind the Petitioners over to keep the peace and he has also passed an order under sec. 144 of the Code of Criminal Procedure which has now ceased to have any operation restraining the Petitioners in the exercise of certain rights claimed by them as in possession of the lands in dispute. The objection taken on which the rule was granted was that the Magistrate was proceeding against the Petitioners as if they were doing a wrongful act in the matter under consideration. We should not feel inclined ordinarily to interfere in a case of this description in its initial stage but matters have been brought to our notice which have made it necessary that we should make some further inquiry. We have now learnt from the Magistrate that at first he hesitated whether he should deal with the matter in dispute under sec, 145 of the Code of Criminal Procedure or by proceedings under sec. 107 directed against the Petitioners and he has explained that he has taken the latter course because he has found that the Petitioners are not in possession of certain lands which form the subject-matter of the dispute likely to cause a breach of the peace. The Magistrate was not competent in a matter of this description to find this except in a judicial inquiry under sec. 145 and in the presence only of the Petitioners. If he had found in favour of the Petitioners his finding would have been obiter as against another person who might be contesting the fact of the Petitioners' possession. A proper order in this respect, as the Magistrate was satisfied that this dispute was likely to cause a breach of the peace, could only be arrived at in a proceeding under sec. 145, Code of Criminal Procedure, to which all the disputing persons would be parties. The Magistrate seems to have relied on an order passed under sec. 51 of the Bengal Chowkidari Act (VI) of 1870, but such an order would not give possession to anybody. It would only transfer the right to particular lands. On this view we think that the proceedings which the Magistrate proposes to take under sec. The Magistrate seems to have relied on an order passed under sec. 51 of the Bengal Chowkidari Act (VI) of 1870, but such an order would not give possession to anybody. It would only transfer the right to particular lands. On this view we think that the proceedings which the Magistrate proposes to take under sec. 107 on the facts stated by him in his explanation are not just and proper, and that as they are likely to have an injurious effect by restraining the Petitioners in the exercise of what may be their lawful rights of property, they should not go on. Other remedies are provided by law by which the Magistrate can prevent a possible breach of the peace. We pass no order in respect to the Magistrate's order under sec. 144, as that order has ceased to have any operation by lapse of time.