R.P. SINHA, J.

This application in revision is against the order dated the 20th July, 1970, passed by Shri V.N. Shukla, Magistrate, First Class, Bhabua, in a proceeding under section 133 of the Code of Criminal Procedure 2. It appears that on the 17th December, 1969, the petitioners along with opposite second party filed a petition before the Sub Divisional Magistrate, Bhabua, stating that the opposite first party, who were the second party in the court below, had encroached upon plot Nos. 1129 and 1570, which are public Rasta, and plot No. 1170, which is a public payne, and had created obstructions to the public use of the Rasta and the payne, and prayed that the obstructions should be removed by taking, action under section 133 of the Code of Criminal Procedure. The Sub Divisional Magistrate called for a report from the Block Development Officer, Bhabua, and on receipt of the report from him on 21.4.1970, the Sub Divisional Magistrate, Bhabua, ordered for drawing up a proceeding under section 133 of the Code of Criminal Procedure against the opposite first party asking them to remove the obstruction or to appear before Shri V.N. Shukla, Magistrate, First Class, Bhabua, who