JUDGMENT - Chainani, J.

1. This is a reference made by the Sessions Judge, Broach, recommending that a portion of the order passed under Section 147, Criminal P. C., by the Resident Magistrate, First Class, Jambusar, should be set aside. This order was passed by the Magistrate on an application made to him by one Dahyabhai stating that he had a right of way to his field through the lands of the opponents and that the opponents had closed this way by putting up a hedge across it in one of their lands. After holding an inquiry, the learned Magistrate came to the conclusion that the applicant had proved the right claimed by him and that the dispute between the parties was likely to result in a breach of the peace.

Accordingly he passed an order prohibiting the opponents from interfering with the exercise of the said right, until the rights of parties were decided by a competent Court. He also ordered the opponents to "forthwith remove the hedge", put up by them and "make a way by which carts, bullocks etc. might pass safely." The Sessions Judge is of the opinion that this latter part of the order of the Magistrate is illegal and beyond his powers and has recommended that it should be se

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