Executive Magistrate Can Order Removal Of Obstruction From Long-Used Village Path Without Deciding Title Dispute: HP High Court
The Himachal Pradesh High Court has upheld an order passed by the Sub-Divisional Magistrate (SDM), Kalpa, directing removal of an obstruction from a pathway allegedly used by villagers for decades, holding that the Magistrate had merely protected an existing right of user under Section 147 of the Code of Criminal Procedure and had not adjudicated any question of ownership.
The Court observed that while title disputes can only be decided by a civil court, the Executive Magistrate is empowered to order removal of obstructions where a long-standing right of passage is established and the dispute is likely to result in a breach of peace.
Justice Sandeep Sharma Remarked that: "...learned Sub-Divisional Magistrate having taken note of report submitted by the Tehsildar, Sangla, directed the petitioners to remove the obstruction, erected by them in the path in dispute, but he nowhere decided the question of title, which admittedly can be decided by the Civil Court and not by Sub-Divisional Magistrate."
Further the Court noted that: "Orders passed by Sub-Divisional Magistrate shall remain in force till the time same is not interfered by the superior Court of law or declaration is given by the competent Court of law that land comprised in Khasra No.720 is owned and possessed exclusively by the petitioners, and respondents and other villagers have no right to use the same."
Background:
The dispute concerned a pathway situated in Khasra No. 720 at Village Basteri, District Kinnaur. Respondent Hir Chand complained that the petitioners had blocked a traditional village path used by local residents, their ancestors, and even the local deity's procession for access to houses, agricultural fields, and the village crematorium. Following an inquiry, the police concluded that continued obstruction could lead to a breach of peace and submitted a Kalandra under Section 147 CrPC before the SDM, Kalpa.
The SDM sought a report from the Tehsildar, Sangla, who confirmed that the pathway existed in Khasra No. 720 and had been obstructed by the petitioners. The report further stated that under local customary law, no person could block a path leading to another person's fields. After recording the statements of both sides, the SDM directed the petitioners to remove the obstruction, failing which the authorities were authorized to do so.
The Court noted that although Khasra No. 720 was privately owned land, the complainant had consistently asserted that same path is used by local Devta and villagers to go to the Panchayat crematorium since times immemorial. The Court found that this claim stood corroborated by statements of the Up-Pradhan, Patwari, other villagers, and the Tehsildar's report.
The Court further observed that as per local customary laws, which has the force of law, no person can stop other persons' path which leads to their fields.
The Court reiterated that Section 147 CrPC empowers an Executive Magistrate to intervene where a dispute regarding a right of user over land is likely to cause a breach of peace. Such power includes directing removal of obstructions after considering the material placed before him.
Thus, the Court found no illegality or jurisdictional error in the impugned order and dismissed the revision petition.
Case Name: Pramod Kumar and Another V/s Hir Chand
Case No.: Cr. Revision No. 465 of 2024
Date of Decision: 05.05.2026