JUDGMENT B. P. Jha, J. On 24th August, 1972 the Sarpanch of Dinda Koli initiated a proceeding under subsection (i) of Section 64 of the Bihar Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act'). It is relevant at this stage to mention Section 64 of the Act. Section 64 provides that: "(1) Whenever the Sarpanch has reason to believe that a breach of the peace or disturbance of the public tranquility is imminent and immediate provision or speedy remedy is desirable, he may, by a written letter stating the material facts of the case and served in the prescribed manner direct any person to abstain from a certain act or to take action with respect to a certain property in his possession or his management." “(3) An order passed under section (i) shall remain in force for days". Sub-Section (2) of Section 64 of the Act provides that the Sarpanch shall submit the proceeding under sub-section (i) of section 64 of the Act to the Sub-divisional Magistrate. The Sub-divisional Magistrate may, either confirm the order or discharge an order after hearing the parties to the dispute. In this matter the learned Sub-divisional Magistrate, by his order, dated 25th September, 1972 was pleased to convert the proceeding under section 64 into one under section 145 of the Criminal Procedure Code. There is no such power vested in the sub-divisional Magistrate. The power vested under Sub-Section (2) of Section 64 of the Act is that the Sub-divisional Magistrate may, either confirm the order or discharge an order after hearing the parties to the dispute. He cannot alter the order. In the present case he altered the order and directed that the proceeding be converted into one under section 145, of the Criminal Procedure Code. There is no such jurisdiction vested in the Magistrate and I therefore, quash the order, dated 25th September, 1972 passed by the Sub-divisional Magistrate. 2. In the result, the order dated 25th September, 1972 passed by the Sub-divisional Magistrate is quashed. If, however, there exits an apprehension of breach of peace between the parties the Magistrate can initiate a fresh proceeding either under section 144 or under section 145 of the Code of Criminal Procedure. Application allowed.