Krishnan Pandalal, J.

1. This is a petition by the first counter-petitioner in the Lower Court to revise an order of the Sub-Divisional Magistrate of Peddapur passed under Section 147 of the Criminal Procedure Code "prohibiting the respondents from putting up any bunds across the channel in their field and from interfering with the petitioners removing the obstructions already put up," namely, "the four small cross-bunds and that part of the bund higher up which is across the channel and no further."

2. Three objections are raised to this order: (1) that there was no likelihood of a breach of the peace on which such an order could be justified; (2) that the Magistrate had not found, as he ought to have done, that the petitioner was entitled to the use of the water flowing down the channel in question; and (3) that the terms of the order passed by the Magistrate are in violation of Section 147 according to which an order in the nature of a mandatory injunction ought not to be passed.

3. As to the likelihood of a breach of the peace, the Magistrate has in my opinion given good reasons for thinking that there was such likelihood. Proceedings were started on the 27th December, 1928,