Digendra Kumar Deb vs Tarini Charan Dey on 23 October, 1969
6. This brings us to the consideration of the point whether while passing a final order under Section 147 (2) the Magistrate has the authority to direct the removal of the obstruction set up by the opposite party over the land in dispute, apart from making an order prohibiting any interference with the exercise of right over that land by the aggrieved party. On the authority of Ram Ishwar Singh v. Rambachan Singh, it was contended by Shri Choudhury that the Magistrate can only pass an order prohibiting an interference and not one for actual removal of the obstruction. Shri H. Dutta, representing the respondent herein, cited a large number of authorities of the various High Courts holding that in a proper case the Magistrate can order under Sub-section (2) of Section 147 the removal of the obstruction standing in the way of the exercise of the right proved to exist in favour of the aggrieved party.