VENKATASWAMI, J. ( 1 ) THIS Petition is directed against the order dated 23-10-1979 passed by the taluka Magistrate and Tahsildar, mangalore Taluk, in proceeding No. MAG/cr/147/79-80 under S. 145 Crl. P. C. and the consequential order made by him in the said proceeding on the following day attaching some agricultural lands comprised in several survey numbers of village Padavu and appointing a receiver to be in possession of the same till the disposal of the case before him. ( 2 ) THE petitioners and respondents 2 to 4 (herein) are 'b' and 'a' parties respectively before the learned magistrate. ( 3 ) THE proceeding was initiated on a report made to him by the Sub- inspector of Police, Mangalore on 21-10-1979 alleging that there was a likelihood of breach of peace taking place in the lands in question and therefore urgent action was called for to prevent the same. ( 4 ) BEFORE examining the correctness of the orders in question it may be necessary to know a few facts concerning the lands in question. These lands are situated on the outskirts of mangalore town area. The lands belonged to one J. S. Pinto (since deceased ). Concerning the possession and enjoyment of these lands there have been litigations between these two rival groups. The petitioners are claiming to be lessees of the lands and the contesting respondents are rival claimants. Claims were made by these parties for occupancy rights in the Land Tribunal, Mangalore Taluk. In two such proceedings the Land tribunal-I Mangalore Taluk passed certain orders in the month of March, 1979 and the same was called in question by the 2nd petitioner (herein) in W. P. No. 3618 of 1979. This Court has issued rule and has stayed the operation of the order of the Tribunal. The result is that the order of the tribunal is kept under suspension. ( 5 ) THE preliminary order dated 23-10-1979 impugned herein reads as follows: "proceedings OF THE TALUK magistrate MANGALORE taluk. No. MAG. CR. 147|79-80. ORDER (UNDER SECTION 145 of cr. P. C.) sub: Land Dispute at Padavu village between Babu Maistry and Thoyi Hengsu and upendra Prabhu, Narasimha prabhu and Sundara Shenoy. Apprehension of serious clash creating Law and order problempreliminary order. Read: Report from the Sub-Inspector of Police' Mangalore rural Police Station presented on 23-10-1979.
No. MAG. CR. 147|79-80. ORDER (UNDER SECTION 145 of cr. P. C.) sub: Land Dispute at Padavu village between Babu Maistry and Thoyi Hengsu and upendra Prabhu, Narasimha prabhu and Sundara Shenoy. Apprehension of serious clash creating Law and order problempreliminary order. Read: Report from the Sub-Inspector of Police' Mangalore rural Police Station presented on 23-10-1979. It has been reported to me that there is serious land dispute between one Babu Maistry, Sundara Shenoy upendra Prabhu, Narasimha Prabhu and Thoyi Hengsu and that there is likelihood of breach of peace which may lead to serious law and order problem ending with bloodshed concerning the under - mentioned lands.