Setting aside the underlying civil decree renders the dependent Section 145 order unsustainable.

The Tahsildar, acting as Taluk Executive Magistrate, passed an order dated 16 June 2016 in MAG.CR.No.161/2015-16 invoking Section 145 Cr.P.C.

The petitioners challenged that order before the Revisional Court, which dismissed Crl.R.P.No.52/2016 on 15 October 2020 and affirmed it

Before the High Court, the petitioners produced the judgment in O.S.No.546/2008, which they said had formed the basis for the Tahsildar’s order, and submitted that the civil decree had been set aside in R.A.No.37/2020 on 18 September 2025; they also stated that no appeal had been filed before the High Court

Respondents sought time to verify whether a Regular Second Appeal had been filed

1. Whether the Tahsildar’s order under Section 145 Cr.P.C. could survive after the civil judgment and decree treated as its basis had been set aside in appeal

2. Whether the Revisional Court’s order affirming the Tahsildar’s order could continue to operate in those circumstances

The Court considered Sections 145 and 146 Cr.P.C., which empower an Executive Magistrate to take preventive action concerning disputes over land or water where the statutory conditions are met.

It applied the case-specific principle that, where the civil judgment and decree on which the Magistrate’s order was based have been set aside by the appellate court, the resulting proceedings and orders under Sections 145 or 146 cannot survive on that basis

The order cites no judicial precedent.

The Court accepted that the Tahsildar’s impugned order had been passed on the basis of the judgment and decree in O.S.No.546/2008.

Since that judgment and decree had subsequently been set aside in R.A.No.37/2020, the foundation for the Tahsildar’s order no longer existed.

The Court therefore held that the Tahsildar’s order could not survive and that the Revisional Court’s order, which had affirmed it, likewise could not stand

It granted the respondents liberty to seek an appropriate remedy in accordance with law if a Regular Second Appeal were filed and the appellate decision were reversed