( 1 ) THIS is a reference by the learned Additional Sessions Judge of Bahraich in a cage under section 133, Criminal P. C. The recommendation is that the order of Sari Farhat Ali, sub-Divisional Magistrate of Nanpara dated 16-4-1950 be set aside and the matter be dealt with according to law.

( 2 ) THE facts are not in dispute. The learned Magistrates predecessor, Shri J. N. Pradhan passed a preliminary order on 18-1-1950, on the complaint of Ram Cherey alias Ram Charan calling upon baba Ram Priya DAS, opposite-party, to remove certain obstructions which, according to the evidence before the learned Magistrate, appeared to encroach upon a public pathway in village rupaidith. He was given, in pursuance of the provisions of Clause (1) of Section 133, Criminal p. C. , the option to appear before the Court on 27-1-1950, and to make a motion for setting aside or modifying the order, if he thought fit. On the date fixed, however, the notice was not returned to the Court after service and the case was adjourned to 8-2-1950. On that date service was held to be insufficient. The case was postponed to 20-2-1950, and the learned Magistrate gave elaborate directions in accordance with