1. This is reference under Section 438 of the Code of Criminal Procedure by the District Magistrate, Rupar recommending that the order dated September 10, 1969 passed by the Sub Divisional Magistrate holding in proceedings under Section 133 of the Code that the place in dispute is a thoroughfare be set aside and that the matter in dispute be determined by a competent Civil Court. The facts leading to the case are as under :-

Jaswant Singh and Gurbachan Singh are brothers. They constructed a wall in front of their house. Jagir Singh and others lodged a report with the police saying that the respondents had encroached upon public place and action be taken against them for that encroachment under Section 133, Criminal P.C. The police put up before the Sub-Divisional Magistrate a report to the effect that the respondents had by construction of a wall in a public place committed encroachment. On October 4, 1968, the Magistrate passed a conditional order under Section 133 of the Code directing for removal of the encroachment by demolition of the wall within ten days of the date of the receipt of the order or else show cause against its demolition. After the service of the copy of