BHOLA Vs. LACHMAN

JUDGEMENT

(1.) This is a revision by Bhola against the order of the Sessions Judge, Budaun, confirming the order of a Magistrate, second class, making an order Under Section 133, requiring him to remove a certain obstruction, absolute.

(2.) Two points were argued in this revision. One was that the learned Magistrate was not right in holding that there was no reliable evidence in support of the applicant's denial of a public right of way over the land in suit. I see no good reason to differ from the findings of the Courts below on this point.

(3.) The main point urged in this revision is that the Tehsildar Magistrate, second class, was not competent to pass the order under revision in view of the fact that the applicant was not directed by the conditional order passed Under Section 133, Criminal P. C., to appear and show cause against it before this Magistrate. That order required him to appear before the Sub-Divisional Magistrate who had issued the order. The Sub-Divisional Magistrate was incompetent to transfer the proceedings to the second class Magistrate at a stage subsequent to the passing of the conditional order.