Heard Mr. BR Dey, learned counsel for petitioners and Mr. PK Roy Choudhury, learned counsel for opposite parties.

2. This revision petition is directed against the judgment and order dated 2.4.97 passed by the learned Sessions Judge, Kamrup, Guwahati in CR No. 11/ 97 setting aside the order of the Executive Magistrate in Case No. 230 m/95 under section 133 CrPC whereby the learned Magistrate passed order for removing a portion of 6 feet wall for public path measuring 10 feet from North to South.

3. The facts leading to filing this revision petition may be stated as follows: The present petitioners filed a petition before Deputy Commissioner, Kamrup, Guwahati for removal of blockage in-public road in Patta No, 1 of Odalbakra FS Grants stating therein that by blocking the Bye Lane No.2 of Green Wood Lane near the plot of SB Dey, great inconvenience has been caused to the residents of the locality. The police report was called for and by preliminary order dated 21.6.95 a proceeding under section 133 Cr PC was drawn up and a conditional order was passed. The opposite party contested the proceeding and disputed the claim of public path and denied the existence of public right. While the m

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