- (1.) LEARNED AGA has accepted notice on behalf of respondent no. 1.
(2.) HEARD Sri S.K.Srivastava, learned counsel for the petitioner and learned AGA for the State.
(3.) THIS writ petition has been filed against the order dated 22.1.2013 passed by Sessions Judge, Court no. I, Banda, in Crl. Revision no. 190 of 2009 (Thakurdin versus State of U.P. and another) dismissing the criminal revision against the order dated 3.12.2009 passed in Case No. 11 (Daya Shanker versus Thakurdin Misra) under section 133 Cr.P.C. Police Station Kotwali Naraini District Banda whereby the petitioner was directed to remove the obstructions on public path over plot no. 883 by the Sub Divisional Magistrate. It appears that a dispute arose regarding alleged illegal construction made by the petitioner over plot no. 883? thereby blocking public path. It is apparent that there is no dispute that plot no. 883 is meant for public path even the petitioner has admitted this factual position. However, a disputed construction has been made over plot no. 883. The Sub Divisional Magistrate, Naraini invited the petitioner to adduce evidence. He submitted written objection. Initially, his counsel cross -examined the witnesses but thereafter, he did not complete the cross -examination. Therefore, his statement? could not be recorded. On the basis of available evidence, a report was submitted by the Naib -Tehsildar. The Sub Divisional Magistrate came to the conclusion that the petitioner has illegally constructed a Chabutra on the public path whereby blocking the free movement of public and also blocked the door of residence of one Rama Shanker Vishwakarma. The Sub Divisional Magistrate on the basis of available evidence, directed? to? petitioner to remove the obstructions over the public path vide order dated 3.12.2009.;