B. N. KATJU, J. This is an appli cation under Section 482 Crpc. 2. The Dy. S. P. II, Jaunpur sub mitted a report dated 13-9-1972 before the S. D. M. , Shahganj, and Magistrate 1st class Jaunpur which runs as follows : "i have to report to you that the three colleges in the Samodhpur College Campus, P. S. Sarpataha, Jaunpur, the Intermediate College, the Degree College and the Physical Education Section have become hot beds of intrigue and violence be tween the two rival parties claiming the management. On 5th September there was a clash resulting in one death. While investigation is pending in the offence committed in the clash, the apprehension of further breach of peace continues. It is, therefore, recommended that to avert further breach of peace the three colleges should be attached under Sec. 145 Cr. P. C. immediately. " 3. On the basis of the aforesaid re port the S. D. M. Shahganj and Magis trate 1st class Jaunpur passed a prelimi nary order on 13-9-1972 under Section 145 Crpc 1898, which runs as follows : 4. The applicants filed a revision against the aforesaid order of the learn ed Magistrate dated 13-9-1972 and the 1st Temporary Civil and Sessions Judge, Jaunpur, made a reference to this Court by his order dated 10-2 1973 for setting aside the aforesaid order dated 13-9-1972 which was accepted by this Court and the order dated 13-9-1972 was quashed by the order of this court dated 26-11-1973, which runs as follows : "sri S. N. Sahai, 1st temporary Civil and Sessions Judge Jauupur has made a reference to this Court for setting aside the preliminary order passed by Sri B. B. Shahi, S. D. M. Shahganj in proceedings under Sec tion 145 of the Code of Criminal Procedure. No body has appeared to oppose this reference. Proceedings under Section 145 Cr. PC can be drawn in respect of im movable property. The learned Ma gistrate passed a preliminary order in respect of three colleges, namely, Gandhi Smarak Higher Secondary School, Gandhi Smarak Degree College and Gandhi Smarak College of Physical Education situated within the Samodhpur College Campus and not the land attached to these insti tutions. Prima facie the preliminary order appears to be wrong. The recommendation made by the learned Sessions Judge is accepted and the preliminary order dated 13-9-1972 is hereby quashed. " 5. Prima facie the preliminary order appears to be wrong. The recommendation made by the learned Sessions Judge is accepted and the preliminary order dated 13-9-1972 is hereby quashed. " 5. Bansh Bahadur Siugh opposite party no. 2 thereafter moved an applica tion on 3-12-1973 before the S. D. M. Shahganj and Magistrate Ist Class Jaun pur under Section 145 Cr, P. C. 1898, in which it was stated that a dispute be tween the parties was still continuing over the possession and management of the Colleges situated in Samodhpur and there was an apprehension of breach of peace and it was prayed that proceed ings under Section 145 Crpc may be initiated and the Colleges be attached and a receiver thereof be appointed. 6. On 4-12-1973 the S. O. Sarpataha also submitted a report under Sec. 145 Crpc regarding initiation of proceedings under Section 145 Crpc and the attach ment of the colleges in dispute situated in village Samodhpur. In this report it was stated that there was a dispute be tween the applicants and the opposite parties over the Colleges and the right to manage the colleges. 7. It appears that on the basis of the aforesaid application of Bansh Bahadur Singh and the report of the S. O. Sarpataha the S. D M. Shahganj and Magistrate 1st class Jaunpur passed the preliminary order under Section 145 Crpc 1898, on 4-12-1973, which runs as follows :- 8. It is clear from the report of the Dy. S. P. II, Jaunpur dated 13-9-1972 that the dispute between the applicants and the opposite parties was only with respect to the right of management of the colleges situate in village Samodhpur and not with respect to the possession of the buildings and the land of the colleges, * * * 9. S. P. II, Jaunpur dated 13-9-1972 that the dispute between the applicants and the opposite parties was only with respect to the right of management of the colleges situate in village Samodhpur and not with respect to the possession of the buildings and the land of the colleges, * * * 9. It is true that in the application moved by Bans Bahadur Singh on 3-12-1973 it is mentioned that there is a dispute between the parties with respect to the right to manage the colleges and also with respect to their possession and it is mentioned in the report of the S. O. Sarpataha dated 4-12-1973 that a dispute exists between the parties with regard to the right to manage the colleges and also with respect to their land and buildings but in my opinion the real dispute between the parties is with respect to the right to manage the Colleges and not with respect to the possession of the buildings and the land of the Colleges. The dis pute between the parties with respect to the right to manage the Colleges is essentially a dispute regarding the right of user of the buildings and land of the Colleges as contemplated by Section 147 Crpc and is not a dispute with respect to the possession of the buildings and land of the colleges as contemplated by Section 145 Crpc as the phrase user of land in Section 147 Crpc is of wide import. It may be mentioned that the word land in Section 147 Crpc has the meaning given to it in sub- section (2) of Sec. 145 Crpc. 10. Once it is held that the dispute between the parties is not with respect to possession of land proceedings under Section 145 Crpc are misconceived and the preliminary order under Section 145 Crpc passed by the S. D M. Shahganj and Magistrate 1st class Jaunpur on 4-12-1973 is clearly illegal. 11. This application is accordingly allowed and the preliminary order under Section 145 Crpc dated 4-12- 1973 passed by the S. D. M. Shahganj and Ma gistrate 1st class Jaunpur is quashed. It will however, be open to the learned Magistrate to initiate proceedings against the applicants under Section 147 Crpc in accordance with law. .