The preventive powers specified in Section 145 relate to disputes concerning immovable property. But Section 147, Cr.P.C. prescribes the procedure in cases of disputes regarding the alleged rights of the user of such immovable property, e.g., land or water. Section 147 is not limited to easement, but also relates to any dispute concerning the use of land or water.
Section 147 lays down that whenever any executive Magistrate is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists regarding any alleged right or user of any land or water, within the local limits of his jurisdiction, whether such right be claimed as an easement or otherwise—(i) he may make a written order stating the grounds of his being so satisfied and requiring the parties to attend his court in person or by pleader on a specified date and time and to put in written statements of their respective claims, and (ii) thereafter enquire into the matter by perusing the statements so put in hearing the parties, receiving all such evidence, as may be produced by them, considering the effect of such evidence, taking such further evidence as he deemed necessary and if possible deciding whether such right exists, and the provisions of Section 145 shall be applicable in the case of such inquiry. [Section 147(1) and (2)].
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If he finds that such right exists, he may make an order prohibiting any interference with the exercise of the alleged right. But no such order need be made where the right is exercisable at all time of the year, unless such right has been exercised within three months next before the receipt of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons, or on the last of such occasions before such report. [Section 147 (2) and (3)]. When 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, Cr.P.C.