JUDGMENT :

L. Mohapatra, J. - The judgment and order passed by the learned Additional Sessions Judge, Sonepur in Criminal Revision No. 69/29 of 1999 remanding the matter back to the Executive Magistrate, Ramapur for reconsideration in a proceeding u/s 147 of the Code of Criminal Procedure is the subject-matter of challenge before this Court.

2. The present Petitioner filed a petition u/s 147 Criminal Procedure Code before the Executive Magistrate, Rampur which was registered as Criminal Misc. Case No. 37 of 1998. Case of the Petitioner is that one Ghasi Meher since deceased was the recorded tenant in respect of holding plot No. 153 and 654/456 (1007), 457 (1008) and 465 (1029) in village Digsira. He is possessing the said land since his fore-fathers. The Petitioner is the son of said Ghasi Meher and after death of his father he is in possession thereon. It is further alleged that there a natural water course going through the Petitioner's land as well as opposite party No. 2 and the opposite party No. 2 had purchased a piece of it from one Mahabir Prasad Agrawal. The opposite party No. 2 obstructed the water flow in Khata No. 541 of final consolidation R.O.R. in plot No. 2125 and 240