(1.) The opposite party are the lessees of the minerals under plot No. 381 in mouza Dhansar. Commencing within this plot, and running diagonally in a north- westerly direction is a road which continues in the same direction after leaving the boundaries of plot No. 381. Within the plot and across this road the opposite party have put up a gate.
(2.) This has led to the present proceedings. The petitioners are the owners of an adjoining colliery and claim that the road is a public one over which they have the right to cart their coal. This is denied by the opposite party who maintain that the road is a private one. As the dispute was likely to cause a breach of the peace, a proceeding was started under Section 145, Criminal P.C., but after written statements had been filed, the proceedings were changed into the proceedings under Section 147 and fresh written statements were called for.
(3.) The trial Court found that the disputed portion of the road, namely the portion running south-east from the gate is the private road of the opposite party. On that finding, the appropriate order to be passed was a declaration that the road was not a public road and a prohibition directed against the petitioners going on the road. Instead of that however, the learned Magistrate declared that the road was in the opposite party's possession and prohibited all disturbance of such possession until eviction in due course of law.