Judgment : This is a petition under section 482 of the Code of Criminal Procedure, for setting aside the order in Crl. M.P.No. 8 of 1980 on the file of the Executive Second Class Magistrate. Cuddalore and confirmed in Crl. R.C.No. 130 of 1980 on the file of the District and Sessions Judge, Cuddalore. 2. The facts leading to this petition are briefly as follows: --The petitioner is Rajagopalaswami Temple, Pudupalayam, Cuddalore (hereinafter referred to as the Temple). The respondent herein had taken on lease from the Temple a vacant site for the purpose of constructing a car shed. Disputes had arisen between the parties over the construction of a superstructure contrary to the terms of the agreement. Mean while, the respondent tenant filed an application before the Executive Second Class Magistrate-cum-Tahsildar, Cuddalore under section 133, Criminal Procedure Code, alleging that there was a mango tree overhanging the wall of the car shed and that it must-be removed. The Magistrate issued a notice purporting to be an order under section 133, Criminal Procedure Code, requiring the temple to appear in person. I may at once say that the order itself is illegal and beyond the scope of section 133, Criminal Procedure Code. That apart, without reasoning evidence, the Magistrate has passed a final order directing the temple to remove the tree. The learned Sessions Judge simply confirmed the order without setting right the illegality. Hence, this petition under section 482, Criminal Procedure Code by the Temple. 3. I have heard learned Counsel for both sides and I am satisfied that the order of the learned Magistrate and that of the learned Sessions Judge are contrary to law and clearly unsustainable. The Magistrate, while dealing with an application under section 133, Criminal Procedure Code. world first issue a conditional order in Form No. 20 of the Code calling upon the respondent to remove the nuisance. If the respondent objects to do so on his appearance, he should be asked to show cause for the order being made absolute. Thereafter, the Magistrate has to take evidence in the matter as in a summons case, and only thereafter the Magistrate if he is satisfied will make the order absolute. In this case, the Magistrate had issued the order in Form No. 25 instead of in Form No. 20. Thereafter, the Magistrate has to take evidence in the matter as in a summons case, and only thereafter the Magistrate if he is satisfied will make the order absolute. In this case, the Magistrate had issued the order in Form No. 25 instead of in Form No. 20. Form No. 25 relates to proceedings under section 145, Criminal Procedure Code., namely dispute with reference to immoveable property leading to breach of peace. The Magistrate has treated this as a dispute under section 145, Criminal Procedure Code, and not under section 133, Criminal Procedure, Code, for which a separate form is prescribed in the Code. 4. The second irregularity is that the Magistrate has not questioned the petitioner herein (respondent before him) when admittedly the Executive Officer of the temple appeared before him. Further, no evidence was recorded as contemplated under section 133, Criminal Procedure Code. Again, he seems to have inspected the property locally without notice to the parties and no notes of inspection are found in the records. All these are irregularities and an order passed on such irregularities will have to be set aside. 5. It was contended on behalf of the respondent herein that this is a second revision petition which does not lie and that it is not maintainable. But then, this is a petition under section 482, Criminal Procedure Code, in voting the inherent jurisdiction and powers of this Court. For all these reasons, the order pasted by the lower Courts is vitiated and is liable to be set aside. Accordingly, all the proceedings except the petition filed by the respondent herein under section 133, Criminal Procedure, Code, are set aside and the matter is remanded back to the Executive Magistrate for intimation ci proceedings, if necessary, according to section 133 Criminal Procedure Code, and disposal of the same strictly in accordance with law.