Anand Prasad Sinha, J. - This application is directed against the ORDER :dated 6-1-1983 passed in Case No. 104 (M) 1981/T. R. No. 14/81/T. R. No. 204/81 by Shri Chandranand Jha, Executive Magistrate, Dinapore, in a proceeding under section 147 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) by which the petitioners have been directed to remove the obstructions caused in the drain through which the opposite parties are entitled to flow the water of their houses so that water may flow in a normal manner terminating in Karna canal.

2. It appears that proceeding under section 147 of the Code had been started on the basis of a police report on 8.6.1981. As a matter of fact earlier a petition had been filed by opposite party no. 2. According to his case, he has a pucca house on survey plot No. 483. Khata No. 377, situated at village Rampur Nagwan, P.S. Paligunj, District Patna. North to the house, there is a lane 5 fit. wide running east to west. Further, north of that lane is the house of the petitioners on plot No. 485, khata No. 377. The drain water of opposite party No. 2 used to flow through kacha drain towards north to the house and thereafter