Section 149 : Dispute concerning right of use of land or water
Dispute concerning right of use of land or water
1. Whenever an Executive Magistrate satisfied from the report of a police officer, shall make a written order stating the grounds of his satisfaction to attend the court in person or by pleader. The person should attend on date and time specified. He also needs to put in written statements of their respective claims. The given report from police officer says that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right claimed as an easement or otherwise.
2. The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence produced by them. He may also take such further evidence, if he thinks necessary to do so. If possible then decide whether such right exists and the provisions of section 145 shall apply.
3. If it appears to such Magistrate that such rights exist. He may make an order that prohibits any interference with the exercise of such right. He may also make an order for the removal of any obstruction in the exercise of any such right. Provided that order shall not made where the right exercisable at all times of the year. Unless such right has exercised within three months next before the receipt of the report of a police officer. Or where the right exercisable only at particular seasons or on particular occasions. Unless the right has exercised during the last of such seasons or on the last of such occasions before such receipt.
4. When in any proceedings commenced under Sub-Section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right to user of land or water, he may, after “recording his reasons, continue with the proceedings as if they had been commenced under Sub-Section (1); and when in any proceedings commenced under Sub-Section (1) the Magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under Sub-Section (1) of section 145.