Judgment 1. The petitioner filed an application before the learned Executive Magistrate, Alipore praying for a proceeding under S. 144 of the Code of Criminal Procedure against the opposite parties restraining them from cultivating certain plots. Which according to the petitioner, were in his possession. The learned Magistrate by his order dated 18.12.78 held that the dispute was regarding harvesting of the paddy crop and as the State Government had vested the Block Level Panchayat Samiti with the function of settling of such harvest dispute it was desirable that the petition should be filed with the concerned Samity to avoid duality in administration. Aggrieved by the said order the petitioner moved this court and obtained the present Rule. 2. The learned Magistrate will be well advised to note that while acting as an Executive Magistrate he functions as Judicial Officer and he has to act according to the provisions of law. In the instant case the application was addressed to him as the Executive Magistrate and the provision of S. 144 of the Code of Criminal Procedure was invoked. It was the bounden duty of the learned Magistrate while so functioning to act in accordance with law as a creature of the statute and not to identify himself with the State Government functioning as an Administrative Officer. The considerations which weighed with the learned Magistrate to dispose of the application in the manner he did is to say the least perverse and foreign to the powers he was exercising. Needless to say, for these considerations the order has got to be set aside. But as I am told that a proceeding under S. 145 of the Code of Criminal Procedure has been initiated in respect of the plots in question, no consequential order is necessary. The Rule is thus made absolute. Rule made absolute.