K.Sahai, J.

1. The second party in a proceeding under Sec.145 of the Code of Criminal Procedure are the petitioners. The application is directed against the final order.

2. Appearing on behalf of the petitioners, the first point which Mr. Nagendra Prasad Singh has urged is that the learned Magistrate committed an illegality in making a surprise inspection of the disputed land. This appears to be correct. Under Sec. 539-B of the Code of Criminal Procedure, any Judge or Magistrate may hold a local inspection after due notice to the parties. The learned Magistrate has himself referred to his inspection, as a surprise inspection which means that he did not give notice to the parties. He heard arguments on the 23rd November, 1960, and fixed the 30th November, 1960 for judgment but, on the 25th November, 1960, he held the inspection. As required by Sec. 539-B, he has recorded a memorandum of relevant facts observed by him at the inspection, but no copy of it was made available to either party for the simple reason that arguments had already concluded. The parties had, therefore, no opportunity to advance any argument on the basis of the memorandum. The memorandum must, therefore,