S. H. S. Abidi, J.

1. Shambhu Choudhary 2nd party petitioner has filed this revision against the order dated 12-9-1989 passed by the learned Executive magistrate, Danapur who had ordered the 2nd party, Shambhu Choudhary, ramesh Chaudhari Birbal Mian and Ayub Mian to remove the obstruction caused by them by constructing rooms on plot No.493 which the 1st party claimed to be a chat (flank) of the District Board Road (Zila Parishad Read)which runs from north to south.

2. It appears that on 3-4-1988, an application had been filed by rajendra Prasad, 1st party before the Anchal Adhikari for removing the encroachments on the said chat. Later on, on 1-6-1988, he filed petition under Sec.133 of the Code of Criminal Procedure (hereinafter referred to as the Code) saying that his house stands on plot No.488 and Niksar (exit) of the petitioners house is towards the south-west. The chat on the zila Parishad Road running north to south is being used not only by the petitioner but also by the villagers as Rasta for going to the Zila Parishad road. The 2nd party Shambhu Choudhary has constructed a shop in front of the house of the 1st party obstructing the Rasta by encroaching upon the ro