( 1 ) THE present revision under sections 391/401 of the Code of Criminal Procedure. 1973, (for short the Code), is directed against the order dated 13-1-83 passed by the Sessions Judge, Nainital, allowing the revision by the Sub-Divisional Magistrate, Haldwani, following the application and directing the opposite parties to remove the obstruction in public way in proceedings under sections 133/137 of the Code.

( 2 ) THE short account of events leading to the present revision is that on 19-1-80 an application was moved on behalf of the present applicant that the opposite parties have created an obstruction on public way used by the applicant and by the public in general, hence the opposite party should be directed to remove the said unlawful obstruction. The Tahsildar Haldwani was directed to submit report. In the report submitted by the Tahsildar, Haldwani, it was stated that after taking evidence of the witnesses, in plot No. 394, area 1 biswa there was a public land used for public way and the same was entered as such till 1386 Fasli. But in 1387 Fasli the Lekhpal has expunged the entry of public way, rather he make an entry of Goth (a place for tethering catile)