( 1 ) THE delay in filing the petition is condoned for the reasons stated in the petition. ( 2 ) HEARD the State Public Prosecutor. The Orders of the Taluka Executive Magistrate, Bangalore South Taluk initiated under Section 145, Cr. P. C. dated 11-8-2000 is in challenge in the present petition. One set of the respondents in the proceedings before the Taluka Executive Magistrate have preferred Criminal Petition No. 891 of 2001 and another set have filed the petition seeking some reliefs. Since the challenge in both the petitions pertain to same order. The facts and points of law involved being common, both the cases are taken up for final hearing. On going through the impugned order as pointed out by the Counsel for the petitioners, the Magistrate has initiated action under Section 145, Cr. P. C. on the basis of the Police report received on 4-11-1999, 8-11-1999, 17-11-1999 and 6-3-2000 in the aforesaid dates, some third parties said to have lodged report before the Police alleging commission of certain offence resulting in breach of public peace and order in respect of lands bearing survey No. 140/2, 147, 138, 137, 149, 149, (sic) 11, 148/2, 135/1, 140/1, 144 and 145 in Begur village of Bangalore South Taluk. The dispute appears to be between the respondents in the proceedings before the Taluka Executive Magistrate with regard to formation of lay out in the said lands. On the basis of the said report, the Taluk Executive Magistrate has drawn up a preliminary order and issued notices to the respondents to explain their stand. Being aggrieved by the impugned order, the present petition is filed. ( 3 ) ON going through the impugned order, it appears that the Taluk Executive Magistrate has not applied his mind while initiating the proceedings. The reports on which the proceedings are based are all stale reports which were given way back about a six months ago. On the date, the proceedings were drawn up the Magistrate should have verified again as to the actual prevalent situation and if convinced on such latest report that there is still a threat of breach of peace, then only he could have initiated the action, the Magistrate has not enquired into the matter to find out the latest position but only on the basis of the stale report, the proceedings are initiated. Therefore, the contention that there is no application of judicial mind before initiating proceedings appears to be as correct contention taken by the Counsel for the petitioner. In that view of the matter, the impugned proceedings before the Taluk Executive Magistrate is set aside. Order accordingly. --- *** --- .