Case No. WP 26026 of 2013 Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under Section 107.

If the Magistrate is of the opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.
Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under Section 107.
A bare reading of the above provision reveals that if a particular incident is likely to cause breach of peace, it is well within the powers of the Executive Magistrate to intervene for the purpose of maintenance of Public Order and Tranquility.
In this case, according to the petitioner himself, he was dispossessed on 7.12.2012 and his representation was only on 23.1.2013. In the meantime a regular police case has been registered against the landlord and a suit has also been filed.Even the representation given by the petitioner does not say a word about the imminent possibility of breach of peace for conferring jurisdiction on the Executive Magistrate to initiate action under Section 145 of the Code of Criminal Procedure.
In such view of the matter, I hold that this petition is devoid of merits and the same stands dismissed.