( 1 ) THIS Rule at the instance of the 2nd party in a proceeding under Section 147 of the Code of Criminal Procedure raises only two points. The first is that as the section stands, it is not open to the learned Magistrate to make a mandatory order directing the 2nd party to remove certain obstructions it had already put up before the proceedings were drawn up. The second is that it was not open to the learned Magistrate to make use of a report submitted by another Magistrate who was asked by the trying Magistrate to inspect the locality and to submit a report without examining that Magistrate as a witness. The facts of the case are briefly that the 1st party claimed a right of way over a plot of land belonging to the 2nd party and as part of the path was obstructed by putting up a fencing and by digging a pagar, the 1st party applied for action under Section 147 of the Code of Criminal Procedure. A proceeding was accordingly drawn up and affidavits were filed by both the parties. During the pendency of the proceedings the learn ed trying Magistrate asked another Magistrate to inspect the locality, He inspected the locality and reported that there were trees sta