( 1 ) THIS reference arises out of proceedings under S. 133 Crpc. The applicant one Rama Govinda Achari lodged a complaint before the Police at kumta against one Venkataraman Hegcte alleging that he had built a compound wall across the foot-path leading from his house to the public road obstructing him from using the foot-path. The Sub-Inspector of Police, after investigation, submitted a report to the Sub Divisional Magistrate, Kumta division, for taking action under S. 133 Crpc. The Sub Divisional Magistrate passed a conditional order dt. 16-7-1971 calling upon Venkataraman hegdp to remove the obstruction caused to Rama Govinda Achari within seven days and to show cause as to why the order should not be made absolute. Venkataraman Hegde appeared before the Sub Divisional Magistrate and contended that there was no foot-path as claimed by Rama govind Achari and that in any case action under S. 133 Crpc. could not be taken in view of the allegations made by Rama Govinda Achari himself. Both Rama Govinda Achari and Venkataraman Hegde adduced evidence in support of their respective contentions. The Sub Divisional Magistrate passed a final order on 29-3-1972 directing Venkataraman Hegd

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