K. H. N. KURANGA, J. ( 1 ) THE petitioner is party No. 1 in mag. c. r. 34 of 1989-90 on the file of the learned sub-divisional magistrate, gadag. He has in this petition challenged the order dated 3-3-1990 passed by the learned sub-divisional magistrate under Section 145, cr. P. c. , and appointing one of the senior principals of the institution as receiver to look after the management of the properties. ( 2 ) IT is the case of the petitioner that he is the president of thekanakadasa shikshana samithi, gadag. Respondents 2 to 6 claimed that they had managed the institution. ( 3 ) ON 24-4-1989 the assistant charity commissioner passedan order declaring the petitioner as the president of the said institution. Against this Order, respondents 2 to 6 filed appeal nos. 11, 12 and 13 of 1989 before the learned charity commissioner, belgaum. The learned charity commissioner dismissed these appeals. ( 4 ) AGAINST this Order, writ petition No. 14105 of 1989 hasbeen filed by respondents 2 to 6 and it is stated that it is pending. In the meanwhile, the p. s. i, of betageri extension police station, gadag, have submitted a report before the sub-divisional magistrate and the sub-divisional magistrate has passed the impugned order on the basis of the said report. ( 5 ) HEARD the learned counsel for the petitioner, Sri v. t. rayareddy, Sri m. Marigowda, learned high court government pleader for respondent 1 and Smt. Manjula devi, learned counsel for respondents 2 to 6. ( 6 ) SECTION 145 of the cr. P. c. , reads thus :"145. (1) whenever an executive magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) and (3) xxx xxx xxx. (2) and (3) xxx xxx xxx. " ( 7 ) A reading of this Section shows that the learned sub-divisional magistrate, if he is satisfied from a report of the police officer or upon other information that a dispute likely to cause breach of peace exists concerning any land or water or the boun- daries thereof, within his local jurisdiction, he shall make an order in writing. The dispute, in this case relates to the manage- ment of the institution between the petitioner and respondents 2 to 6. The dispute is not even in respect of a building that is exist- ing in which the educational institution is being run. ( 8 ) THEREFORE, it cannot be said that the dispute is likely tocause a breach of the peace concerning any land or water or boundaries thereof, exists in this case. Hence, the learned sub- divisional magistrate could not have initiated the proceedings under Section 145, cr. P. c. and ought not to have appointed the receiver to look after the management of the properties. The order passed by the learned sub-divisional magistrate is without jurisdiction. Hence the impugned order is illegal and it is liable to be set aside. ( 9 ) ACCORDINGLY, the petition is allowed. The order dated 3-3-1990passed by the sub-divisional magistrate, gadag subdivision, gadag, in case No. M. a. g. ch. 34 of 1989-90, is quashed. --- *** --- .