JUDGMENT 1. This is a rule, calling upon the District Magistrate of Faridpur and also upon the Opposite Party to show cause why the order of the Deputy Magistrate, dated the 5th of December 1907, should not be set aside. The order complained against is one parsed by Moulvie Asadazaman, Deputy Magistrate, first class, ostensibly under sec. 145, Cr. P. C. It has been impugned by the second party, the Petitioner before us, on the ground that it was passed without jurisdiction. We consider that this case is another illustration of the way In which the provision of sec. 145, C. Cr. P., are abused by litigants in the mofussil and misunderstood by Magistrates who usurp jurisdiction and decide questions of a civil nature. The learned Deputy Magistrate in this case has not enquired into the question of actual possession, as he was bound to do under the provisions of sec. 145. He has devoted a large amount of time and trouble to discussing questions which are entirely foreign to the enquiry which he had to make. He deals with this proceeding as if it were a civil case. He has framed four "issues" for his consideration and decision. He says... "These facts suggest the following important issues, and I would accordingly proceed to decide them. 2. (1) What is the effect of the order of Moulvie Ataur Rahman A. S. 0. (2) Is the present proceeding at all maintainable ? (3) What remedy is the second party entitled to ? (4) Even If the order of the A. S. O. were not in accordance with law, has this Court any authority to set it aside?" 3. Then he goes on to point out that the order of the Settlement Officer evidently has the force of a Civil Court's decree and was in effect when these proceedings under sec. 145 were instituted. And he adds :--" I am of opinion that, having regard to the provisions of sec. 34 of Reg. VII of 1882 and sec. 4 of Keg. IV of 1828, and sec. 42 of the Survey Act, Magistrates should not take proceedings under sec 145 or sec. 107, Cr P. C, regarding land disputes in areas under settlement. The jurisdiction evidently belongs to the Settlement Officer, and the only question is whether the same provisions would apply when the settlement is under the Bengal Tenancy Act. IV of 1828, and sec. 42 of the Survey Act, Magistrates should not take proceedings under sec 145 or sec. 107, Cr P. C, regarding land disputes in areas under settlement. The jurisdiction evidently belongs to the Settlement Officer, and the only question is whether the same provisions would apply when the settlement is under the Bengal Tenancy Act. I am not free from doubt on the point, but it would probably be better both for the settlement department and the Magistrate if an authoritative decision on the point could be had, as there is now hardly any decided case bearing on the point," 4. Then he winds up as follows : " Viewing the case as a whole, I am for giving effect to the order of the settlement department for the reasons stated above, and I accordingly direct that the first party be maintained in possession of the land in dispute until evicted therefrom in due course of law." 5. We do not consider it advisable for us to comply with the suggestion of the learned Deputy Magistrate that we should decide the point which he has set forth in the above passage. The only question he had to decide in this case was that which is laid down in sec. 145, Cr. P. 0., namely, who was in actual possession of the land in dispute. He has not found that, and therefore his order is entirely without jurisdiction. The only passage in his judgment in which he deals with the question of actual possession is the one in which he says :--" The oral evidence as to the actual possession is certainly in favour of the second party and I may say has been corroborated by the witnesses of the first party. After coming to this, opinion he proceeds in his final order to declare the first party to be in possession, whereas he has distinctly said that the oral evidence is that the second party is in possession. The order complained against is, therefore, without jurisdiction. We make this rule absolute and set it aside.