Imam, J.

1. This is an application in revision against the order of the learned Magistrate in a proceeding under Sec.133 of the Criminal Procedure Code directing the petitioner, who is a Mokhtear, to remove his house from the Railway Pipe land by 30th November 1955.

2. The facts are that the proceeding was started against the petitioner on the application of the Divisional Superintendent of the Eastern Railway of Danapore. It is the case of the first party-opposite party that on 7th November, 1953, it was discovered that in plots Nos. 523 and 497 there had been encroachment of railway land. It is said that the Mokhtar, who is the petitioner in this application, had built his house on plot No. 523, and the other person, namely Ganesh Lal Saraugi had put up a wall on plot No. 497. Ganesh Lal Saraugi is not before me. The claim of the petitioner was that he built his house long time ago, and, therefore, the proceeding under Sec.133 of the Code of Criminal Procedure had no application to the facts of the present case. It transpires that some witnesses have deposed to the fact that the Mokhtar in question had encroached on the said plot by constructing a house as far back as 194