Code of Criminal Procedure, 1973–Sec. 133–Order of removal of construction–Sustainability–Admitted case of non-petitioner that pakka construction of room and two pillers have been made by the petitioners and the gate has been affixed to block the alleged public lane–Non-petitioners have not disclosed the period, date, month or year as to when the alleged construction was made by the petitioners–No cogent evidence was produced to prove existence of a public lane–Only reference of affidavits of four persons–Petitioners have denied existence of any public lane more so not to be used by the public at large–No material is available on record for prima facie satisfaction of Magistrate–Magistrate proceeded to pass the final order for removal of construction on the ground that the petitioners did not cross-examine the executants of affidavits–No findings of an eminent danger to rights of public at large have been recorded–Impugned order is against the mandate of law–Further, the order passed by Revisional Court also suffers from manifest and grave illegality.
