ORDER

G.C. Mathur, J. - The Applicants filed a complaint u/s 133 Code of Criminal Procedure against the opposite parties alleging that the opposite parties had obstructed public Nala No. 573 on account of which their fields were inundated and their crops destroyed. They prayed that action u/s 133 Code of Criminal Procedure be taken for removal of the obstruction.

2. On 5-9-1967 the SDM passed a conditional order u/s 133 Code of Criminal Procedure. The opposite parties appeared and contested the application. They denied the existence of any public right in the Nala and also the allegation that they had obstructed the Nala. The SDM then held an inquiry u/s 139-A Code of Criminal Procedure and on 18-11-1967 held that the opposite parties had failed to adduce reliable evidence in support of the denial of the public right. He then proceeded with the case u/s 137 Code of Criminal Procedure. It appears that no evidence was led after the order u/s 139A was passed by the opposite parties but on 20-1-1968 the SDM made a local inspection of the place without informing any of the parties. He placed his inspection report on the record. By an order dated 10-5-1968 the SDM held that the Nala was no