JUDGMENT

Dalal, J. - This is an application for revision from an order passed by a Magistrate in the Basti district u/s 137, Criminal P. C , directing that a certain bandh (a wall to prevent the flow of water) be removed. The Court adopted the correct procedure by issuing a notice against the applicants to remove the bandh within a certain time specified in the order, or to appear and show cause against the same. When the applicants appeared, they denied the existence of any public right in the opposite party u/s 139-A. The Magistrate thereupon recorded evidence. There was considerable reliable evidence in support of the denial of the right being a public right. The Magistrate, however, found that there was no such evidence and proceeded as laid down in Section 137, Criminal P. C. The applicants Munna Tewari and others have, therefore, come in revision to this Court because the Magistrate finally made the orders u/s 133 absolute u/s 137, Criminal P. C. For the sake of convenience the persons who desired the removal of the bandh may be called Chandrabali's party, and the persons who built the bandh may be called Munna's party. There is a very large jhil (expanse of water) on Chandrab