CrPC Section 146 — Power to attach subject of dispute and to appoint receiver

Summary

Sub-section (1) applies after the Magistrate has made an order under section 145(1). If the Magistrate considers the case an emergency, decides that none of the parties was in possession as described in section 145, or cannot determine which party was in possession, the Magistrate may attach the disputed property until a competent Court determines the parties’ rights as to who is entitled to possess it. The Magistrate may withdraw the attachment if satisfied that there is no longer any likelihood of a breach of the peace concerning the property.

Sub-section (2) allows the Magistrate, when attaching the disputed property, to make arrangements to look after it or appoint a receiver, if no Civil Court has appointed a receiver for it. A receiver appointed by the Magistrate has, subject to the Magistrate’s control, the powers of a receiver appointed under the Code of Civil Procedure, 1908. Under clause (a) of the proviso to sub-section (2), if a Civil Court later appoints a receiver for the property, the Magistrate must order the receiver appointed by the Magistrate to hand over possession to the Civil Court’s receiver and then discharge the Magistrate-appointed receiver. Under clause (b) of the proviso to sub-section (2), the Magistrate may make other incidental or consequential orders that are just.

Official Text

(1) If the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):

Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;

(b) may make such other incidental or consequential orders as may be just.

Sections referred to

• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace

Referred to by

• CrPC §148 — Local inquiry
• CrPC §274 — Record in summons-cases and inquiries

Related Judgments

• ANOOP LOHIA & ANR. vs THE STATE GOVT. OF NCT OF DELHI, ANR — Delhi High Court (2017)
• 16.09.2010; Sanjeev Kumar Sharma & Ors. vs State and others — Delhi High Court (2010)
• ASHOK KUMAR vs STATE OF UTTARAKHAND & ORS — Supreme Court of India (2012)
• SURINDER PAL KAUR AND ANOTHER vs SATPAL AND ANOTHER — Supreme Court of India (2015)

Old <-> New Code Mapping

• BNSS §165 — Power to attach subject of dispute and to appoint receiver