Right of Way--Obstruction of Pathway--Executive Magistrate Under Section 147 CrPC Can Direct Removal Without Deciding Question of Title
Under Section 147 of the Code of Criminal Procedure, an Executive Magistrate has power to direct removal of an obstruction over a long-standing right of passage where the dispute is likely to cause a breach of peace. Such an order protects an existing right of user and does not amount to adjudication of title or ownership, which falls exclusively within the jurisdiction of a civil court. An order passed under Section 147 CrPC remains in force until set aside by a superior court or until a competent civil court declares exclusive ownership and possession in favour of the person obstructing the path.
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