Executive Magistrate Can Order Removal Of Obstructions From Long-Used Village Path Under Section 147 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that an Executive Magistrate is empowered under Section 147 of the Code of Criminal Procedure (CrPC) to prohibit interference with a recognised right of user over land and, where necessary, direct the removal of obstructions. The Court clarified that such powers can be exercised when a dispute concerning the use of land is likely to cause a breach of peace.

The ruling came in a case where villagers complained that two landowners had blocked a pathway in Kinnaur district that had allegedly been used by local residents, their ancestors, and even processions to the village cremation ground for several decades. Acting on a police report warning of possible law-and-order issues, the Sub-Divisional Magistrate ordered the removal of the obstruction.

Challenging the order, the landowners argued that they were co-owners of the land and that questions relating to ownership could only be decided by a civil court. They also claimed they had not been given a proper hearing before the order was passed.

Rejecting these contentions, Justice Sandeep Sharma noted that the Magistrate had issued notices, recorded statements of both sides, and relied on reports from revenue authorities.

The Court emphasised that the proceedings did not determine title to the land but only addressed the villagers’ long-standing right to use the pathway and the need to prevent a breach of peace. Finding no illegality in the Magistrate’s decision, the High Court dismissed the revision petition and upheld the direction to remove the obstruction.

Case: Pramod Kumar & Another v. Hir Chand & Another (2026:HHC:14733)