JUDGMENT :

P.K. Mohanty, J. - The petitioner assails the order of the Sub-divisional Magistrate, Jagatsinghpur in Criminal Misc. Case No. 151 of 1998 passed u/s 147 of the Code of Criminal Procedure.

2. The learned counsel for the petitioner submits that earlier, the very same Sub-Divisional Magistrate had passed an order u/s 133, Cr.P.C. restraining the petitioner from obstructing user by any other person of the disputed land which is recorded under Sthitiban status in the name of the petitioner and directing him to establish his right in the Civil Court. The said order was challenged in Criminal Revision No. 9 of 1998 before the learned Additional Sessions Judge and by order dated 16.5.1998, the order was set aside, holding that in a proceeding u/s 133, Cr.P.C., a Magistrate is not authorised to declare easementary right. But inspite of the revisional order the learned Sub-Divisional Magistrate has now passed the impugned order purportedly in the garb of an order under. Section 147, Cr.P.C. which is illegal and liable to be quashed.

3. The learned counsel for the Opposite parties however, contends that since the petitioner has been asked to appear before the learned Sub-Divisional M