Judgment Aftab Alam, J. 1. This writ petition arises from a dispute regarding right of way claimed by respondents 2 to 4 over portions of certain plots of land owned and possessed by the petitioner According to the petitioner plot Nos. 735 and 733 (old plot Nos. 370 and 371) under Khata No. 295 situate in village Ankhora, P.S. Daudnagar in the. district of Aurangabad are his Khatians land and he is in peaceful possession over these plots. He makes a grievance that respondents are indulging in acts causing disturbance to his possession over the land and are threatening to forcibly construct a road passing through the two plots. 2. Respondent No. 2 is the District Magistrate, Aurangabad, Respondent No. 4 is the Executive Magistrate, Aurangabad College, Aurangabad. They claim the right of way over portions of the two disputed plots, along with a number of other plots with which we are not concerned in this case, for going to the Daudnagar College from Daudnagar-Patna road which runs at some distance towards West from the college. According to them through long user the staff and the students of the College had acquired an easementry right by prescription. It was further their case that there was already a road in existence for the past about twenty years, passing through the two plots and it was incorrect to allege that the respondents were constructing a new road over the two plots. 3. The college is constructed on plot No. 841 (old Plot No. 593). From a copy of the survey map made Annexure-6 to the reply affidavit filed by the petitioner this plot appears to be surrounded from all side by raiyati plots presumably agricultural in nature; in other words the founders of the college in their wisdom selected for the sits of the college a piece of land which is completely land locked. As indicated above, at some distance towards West from the college runs the Daudnagar Patna road. Adjacent East to the road is plot No. 735 and East to it plot No. 733; adjacent East to plot No. 733 is a narrow strip which is shown in the survey map as District Board road; East of the District Board road there are three or four plots and then comes plot No. 841, the site of the college. 4. 4. Bearing in mind the position of the different plots in relation to the road as described above it would be useful to note some statements in the counter affidavit filed on behalf of respondent No. 3 the Principal of the College. In paragraphs 4,6,10 and 12 are as follows: 4. "That the building of Daudnagar College is in plot No. 59. To reach the college from the main road i.e. Daudnagar-Patna road, students, teaching and non-teaching staff of the college as well as the guardians of the students, has to come across the portion of plot No. 370, 371, 559, 562 and 592. This road is 16 feet wide made of brick solings and earth and is being used after the establishment of the college for about twenty years. The above fact is supported by the affidavit of Ramdas Singh and Ram Lakhan Paswan, who are owners of Plot Nos. 562 and 559 respectively. 6. That by using this approach road for last about twenty years the persons concerned with the college are not doing illegal act, rather they are entitled to use it as their easementry right. 10. That the College has nothing to do with the entire land of plot Nos. 370. Only a part of it, which is used as approach road, is being used by the persons concerned with the college. 12. That so far the statement made in para-7 is concerned, it is to be stated here that there was a road of District Board running in between the plots of the petitioner and the college shown in the cadestral survey, which was done 90 years ago. The said road was encroached by the petitioner as well others, who are having their plots on both sides of the said road of District Board. For the last 25 years that has been abandoned only because of the encroachment and construction of temple on it. 5. The position that emerges from the above is that on the one hand the petitioners title and possession over the two plots are prima facie established on the basis of the entries in the khatian and are not denied by the respondents; on the other hand respondents raised a disputed claim of prescriptive easements which requires to be adjudicated by adducing evidence. This writ court therefore cannot accord its approval to any act by the respondents in subversion of the petitioners legal right as long as the respondents claim of prescriptive easement is not upheld by a court in accordance with law. 6. It may be noted that Sec. 33 of the Indian Easement Act provides for a suit for disturbance of easement and Sec. 35 of the Act provides for the grant of injunction to restrain disturbance. A legal remedy is thus available to the respondents to establish their easementry right by adducing evidence. But until an easementry right is found to have come in existence as claimed by the respondents they cannot be allowed to force their way through the petitioners land. 7. In the result this application is allowed and the rule is made absolute against the respondents. The respondents are restrained from forcibly going through the two plots and from disturbing the petitioners possession over them unless and until a claim of prescriptive easement is upheld by a court in accordance with law. 8. It will be, however, open to the respondents to take such steps as may be available in law for removing encroachment from the District Board road and to make it usable.