Judgment Ashwini Kumar Sinha, J. 1. The members of the second party in a proceeding under Sec.145 of the Code of Civil Procedure (hereinafter referred to as the Code) are the petitioners in this application. It is directed against the final order dated 1st December, 1980 passed by Shri T.K. Prasad, Executive Magistrate, Sadar, Gaya, whereby the possession of the first party was declared over the disputed land. 2. A proceeding under Sec.144 of the Code was started on 10th March, 1973 on the basis of a police report in respect of the disputed land. This proceeding under Sec.144 of the Code was converted into Sec.145 of the Code on the 5th of May, 1973. The proceeding was pending for disposal before the Sub-divisional Magistrate, Sadar, Gaya, on 1st of April, 1974, when the new Code of Criminal Procedure, 1973, came into force. During the pendency of the proceeding the case was transferred to various Executive Magistrates and ultimately it was transferred to Shri T.K. Prasad, Executive Magistrate, Gaya who passed the final order. 3. As the case has to be disposed of on a pure point of jurisdiction, the cases of the parties need not be stated. 4. The learned Counsel appearing for the petitioners has contended that the order passed by the learned Magistrate was wholly without jurisdiction inasmuch as the learned Executive Magistrate, Sadar,, Gaya who passed the final order was neither a District Magistrate nor a Sub-divisional Magistrate nor a Magistrate of the first class on or before 1st of April, 1974 when the new Code of Criminal Procedure came into force and, therefore he had no jurisdiction, whatsoever, to dispose of the proceeding pending under the old Code. 5. Learned Counsel appearing for the opposite party, in view of the report dated 24th of January, 1981 sent by Prabhari Padadbikari Zila Bidhi Shakha, Gaya, concedes that the learned Executive Magistrate who passed the final order did not hold the first class power. 6. In the case of Smt. Radha Devi V/s. Mani Prasad Singh and Anr. 1978 B.B.C.J. 625 (F.B.), it has already been decided that in a proceeding under Sec.145 of the Code pending before coming into force of the new Code, the proceeding has to be decided in accordance with the provisions of the Old Code. 6. In the case of Smt. Radha Devi V/s. Mani Prasad Singh and Anr. 1978 B.B.C.J. 625 (F.B.), it has already been decided that in a proceeding under Sec.145 of the Code pending before coming into force of the new Code, the proceeding has to be decided in accordance with the provisions of the Old Code. Notwithstanding the repeal of the Code, the Courts continue to exist for the continuance and disposal of the various types of cases. It was further held in the case of Smt. Radha Devi (Supra) that in a proceeding under Sec.145 of the Code initiated under the Old Code and the new Code coming into force, Executive Magistrate is not competent to decide the proceeding and the pending proceeding should be decided by the same class of Criminal Court. It was further held that the proceeding should be continued by a Magistrate of the first class for disposal in accordance with the provisions of the Old Code. 7. As already stated above the proceeding in the instant case, has been disposed of by an Executive Magistrate not holding first class powers. I hold that in the instant case the Executive Magistrate, as he was not vested with first class power, was not a Magistrate empowered by law under old Code to pass the final order under Sec. 45 of the Code and hence in my opinion, the final order in the present proceeding under Sec.145 of the Code is void and has got to be set aside. 8. The learned Counsel appearing for the opposite party has, very fairly conceded that in view of the decision in the case of Smt. Radha Devi (supra), the instant case also is covered by that decision. 9. I accordingly allow this application, set aside the order in question and remand the case back to the Sub-divisional Magistrate, Gaya, who was one of the various authorities by virtue of his office empowered under the old Code and direct him to dispose of the proceeding as early as possible on the materials already on the record.