D.D.Seth, J. - (1.) This reference made to this Court by the learned Civil and Sessions Judge, Saharanpur, arises out of proceedings under Section 147, Criminal Procedure Code.
(2.) The facts are that, Rodha Singh, filed an application before the learned Sub-Divisional Magistrate Deoband alleging that Ram Kala and two other persons, who are the applicants in this reference, had blocked his way to his Chak No. 45 which lay in plot No. 884 which belonged to the applicants Ram Kala and two other persons. According to Rodha Singh, Ram Kala and his companions, had obstructed his right of way to reach his Chak by digging a ditch and when he objected they threatened to beat him. He, therefore, made the application before the learned Sub-Divisional Magistrate alleging that there was an apprehension of breach of peace and that an inquiry may be made and that Ram Kala and his companions be restrained from obstructing his right of way which lay through a plot belonging to Ram Kala etc. in order to reach his Chak. The learned Sub-Divisional Magistrate, on receiving Rodha Singh's application, sent it to Tehsildar for inquiry and report. The Tehsildar visited the spot and looked into the village papers and reported that no passage was recorded over plot No. 884 in the settlement and Rodha Singh could claim only easmentary right in a civil court. After setting the Tehsildar's report the learned Sub-Divisional Magistrate called for report from the Station Officer Nagal who made a similar report as that of the Tehsildar but added that there was an apprehension of breach of peace between the parties. Thereupon, on February 4, 1966 the learned Sub-Divisional Magistrate, Deoband, passed a preliminary order requiring the parties to appear before him and put in their written statements and such other evidence as they liked in support of their cases. Accordingly the applicants, Ram Kala and his companions, appeared before the Sub-Divisional Magistrate on February 22, 1966 and filed their written statements and affidavits of their witnesses. Rodha Singh also filed his written statement and affidavit of his witnesses.
(3.) According to Ram Kala and others there was no passage going to the Chak of Rodha Singh over plot No. 884 belonging to them and they stated that Rodha Singh, in fact, wanted to make forcibly a passage over their plot. Rodha Singh and his witnesses, on the other hand, stated that Rodha Singh had a passage over the plot of Ram Kala Singh to go to his Chak No. 45.;