DAVE, J.—This reference comes on the report of the District Magistrate, Tonk, dated 29th March, 1961.

2. The facts giving rise to it are that one Purilal Brahman resident of Shukalpura, filed an application in the court of the Sub Divisional Magistrate, Tonk, under sec. 133 Cr. P.C. It was stated by him that he was taking his cattle to the pasture land through a plot Khasra No. 516, which was a public path, that the opposite parties, namely, Sarwan and Pratap had made encroachment on the public way by unlawful extension of their Baras and therefore it was prayed that proceedings should be taken against them and unlawful obstruction should be removed from the said public path, namely, Khasra No. 516. On nth January 1961, the opposite party presented a joint reply. It was pleaded by them that they had purchased the land in dispute from the Gram Panchayat and that they had not made any encroachment on the public path. After inquiry, the Sub Divisional Magistrate came to the conclusion that the opposite parties had encroached upon the land comprised in Khasra No. 516 and therefore on 30th January, 1961, he directed them to remove the encroachment within a week, failing which they would

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