RANDHIR SINGH, J. - (1.) THIS is an application in revision against an order of the Sessions Judge refusing to interfere with an order passed by a Magistrate, first class, under Section 133, Criminal Procedure Code, requiring the applicant to remove an obstruction from a public way.
(2.) MAHABIR and Babadin made an application to the Sub Divisional Magistrate under Section 133, Criminal Procedure Code, against Chandrapal and two others praying that the applicants should be ordered to remove the obstruction which they had placed on a public way inasmuch as the applicants had parked their bullockcart, had set up some troughs and were tying cattle in the way. On receipt of this application the Magistrate asked for a report from the police and the Tahsildar and on being satisfied that there was obstruction, issued a preliminary notice to the applicants to show cause why they should not be ordered to remove the obstruction.
(3.) THE applicants appeared before the Magistrate and filed a written statement in which they denied the existence of a public way and further alleged that they had been in possession of the piece of land on which they had been parking bullockcart and tying their cattle for quite a long time. They also in their statement alleged that if necessary a jury may be appointed. The parties were then asked to produce evidence and a number of witnesses were examined on behalf of Mahabir and Babadin. The qanungo and the patwari were also produced and a certified copy of the village Khasra was also filed in which the land in dispute was entered as 'rasta'. The applicants produced oral evidence which did not appear to be reliable to the learned Magistrate and he made his earlier order absolute and ordered the applicants to remove the obstruction. Before passing the final order the Magistrate enquired of Chandrapal, who was present, if he wanted a jury and he made a statement to the effect that he did not want a jury. Thereafter the final order was passed.;