BUDH SINGH Vs. HAPU RAM

JUDGEMENT

(1.) I have heard the learned counsel for the petitioners at length and perused the order impugned.

(2.) The brief facts necessary to be noticed for disposal of the instant petition are that the non-petitioners have filed an application under Section 133 Cr. P.C. against the petitioners on 12-9-95 before the learned Sub Divisional Magistrate, Jaitaran wherein they have stated that they are the Khatedars of Bera Navora which is situated in the agricultural boundary of village Bagyara. They are living with their families and others at the said well where their houses are situated.

(3.) It is further alleged that they are using a 16 1/2 feet wide public way which connects their well from Khushalpura Bagyara Road as was shown in the enclosed rough sketch by red-line and marked 'A, B, C and D'. The existence of public pathway was alleged to be in existence for last 100 years.