Hon'ble Mr. Justice S.C. Das

1. A proceeding under Section 133 of Code of Criminal Procedure was drawn by Sub-Divisional Magistrate, Dharmanagar, North Tripura on a petition filed by the Petitioner (1st Party before the SDM) to adjudicate upon an allegation of public nuisance, alleged to have created by Respondent (2nd Party before SDM), by way of obstructing/occupying a public pathway/road starting from Dharmanagar-Bagbassa P.W.D. Road, leading towards Bagbassa Ward No. 1, the road measuring about 7/8 feet in breadth and 2/2.5 K Ms in length.

2. It was alleged by the Petitioner that people of the locality including the Petitioner and the Respondent were using the pathway for 40/50 years continuously and the pathway attracts the land of different persons of the locality including the land of the Respondent recorded in Khatian No. 209, plot Nos. 783 and 784. The Respondent encroached on the pathway/road putting fencing thereon and as a result the road became narrow. It was further alleged that the Respondent also obstructed the pathway throwing waste, garbage, etc. and as a result caused inconvenience and obstacle to the people at large in smooth using of the pathway.

3. The Re