Procedure where existence of public right is denied


Where an order is
made under Section 133 for the purpose of preventing obstruction, nuisance or danger to
the public in the use of any way, river; channel or place, the Magistrate shall, on the
appearance before him of the person against whom the order was made, question him as
to whether he denies the existence of any public right in respect of the way, river, channel
or place, and if he does so, the Magistrate shall, before proceeding under Section 137 or
Section 138 inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of
such denial, he shall stay the proceeding until the matter of the existence of such right has
been decided by a competent Civil Court; and, if he finds that there is no such evidence,
he shall proceed as laid down in Section 137 or Section 138, as the case may require.
(3) A person who has, on being questioned by the Magistrate under sub-section (1) failed
to deny the existence of a public right of the nature therein referred to, or who, having
made such denial, has failed to adduce reliable evidence in support thereof, shall not in
the subsequent proceedings be permitted to make any such denial, nor shall any question
in respect of the existence of any such public right be inquired into by any jury appointed
under Section 138.

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