Description

Inquiry into Public Right Disputes

When an order under Section 113 is issued to prevent obstruction, nuisance, or danger in the use of any public way, river, channel, or place, the Magistrate shall, upon the appearance of the person against whom the order was made, inquire whether they deny the existence of a public right over the said way, river, channel, or place.

• If the person denies the existence of such a public right, the Magistrate shall, before proceeding under Section 138, conduct an inquiry into the matter.
• If the Magistrate finds reliable evidence supporting the denial, the proceedings shall be stayed until a competent court decides on the existence of such a right.
• If no such evidence is found, the Magistrate shall proceed as per Section 138.

A person who either fails to deny the public right when questioned by the Magistrate or fails to provide reliable evidence supporting their denial shall not be permitted to raise such a denial in subsequent proceedings.