ORDER

Collister, J. - This is a reference by the Additional Sessions Judge of Agra recommending that an order of the City Magistrate dated 24th April 1935, be set aside. By that order the City Magistrate made absolute an order which had been issued to the applicants u/s 133, Criminal P.C. The ground on which the learned Judge recommends that the order of 24th April be set aside is that it was passed without an opportunity being given to the applicants of being heard. A petition was presented by the opposite party on 9th January 1934, against the three applicants and seven other persons complaining that they were squatting and selling vegetables at a public place in front of the shops occupied by the opposite party and that they thereby constituted an unlawful obstruction. On receipt of this petition the City Magistrate at first wrote to the Chairman of the Municipal Board in the hope that he might be able to arrange matters,; but when no action was taken, a second petition was put in and the proceedings u/s 133, were thereupon revived. Two local inspections were made by the City Magistrate and an enquiry was made u/s 139-A, Criminal P.C. Ultimately the proceedings were stayed pendin