1. THIS Revisional application under section 401 read with section 482 of the Code of Criminal Procedure is directed against order dated 10.2.83 passed by the Sub-divisional Magistrate (Executive) Howrah Sardar in M. P. 1793 of 1982 : MC 332 of 1982. By the impugned order passed in a proceeding under section 133 Cr. PC the learned Magistrate has ordered "so I order under section 133 cr. PC that the opposite parties must remove the said Khatal along with its animals immediately that is by 17.2.83 failing which the O. C. Bally P. S. is directed to remove the said Khatal along with the animals in such a distance that the said nuisance is removed." The order quoted seems to have been, passed under section 142 of the Code.

2. OPPOSITE party No. 2 in the present proceedings filed in the Court of Sub-divisional Magistrate (Sardar) Howrah an application under section 133/142 of the code against the present petitioners and some others on 21. 9. 82. In the said petition it was alleged that he was the owner of the property situate at 5, Girish Ghosh road, Belur, P. S. Bally measuring about 20 cuttahs and the said land was situate in a crowded residential locality. It was alleged furt