KAILASH PRASAD, J.

( 1 ) THIS is a reference by the Sessions Judge Bulandshahr, recommending that the order of the magistrate staying the proceedings should be set aside and the Magistrate be directed to find if the public way determined by the consolidation authorities has been obstructed by Bhule and others.

( 2 ) PROCEEDINGS under Section 133, Cri. P. C. started on the application of Jai Ram Singh alleging that Bhule and others (opposite parties) had obstructed a public way passing through plot No. 373 in village Suthari. The application was sent by the Magistrate to the Station Officer, bisa-rakh, for report. The Station Officer reported that Bhule and others had illegally closed the public way by constructing a wall. Thereupon the Magistrate passed a conditional order requiring Bhule and others to remove the obstruction. Bhule and others filed a written statement denying the existence of any public way on the land on which they were constructing wall. They examined three witnesses in support of their denial of the existence of the public way. The file was then sent to the Tahsildar for enquiry under Section 139a, Cri P. C. with the direction that the Tahsildar should enquire a

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