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Madhya Pradesh Court November 1954 Judgments

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Nov 30 1954

Mushtaq Ali and ors. Vs. Bulaki Chand and ors.

Court: Madhya Pradesh

Decided on: Nov-30-1954

Reported in: 1956CriLJ42

ORDERSathaye, J.1. This revision is registered on a reference under Section 438, Cr. P.C. from the Additional Sessions Judge, Bhopal, recommending that the order dated 10-6-1953 issuing a notice under Section 145 (1), Cr. P.C. in Misc. Criminal Case No. 42 of 1953 in the Court of the District Magistrate, Raisen being illegal be set aside.2. The facts are as below: In 1945 on an application from the Muslim community of 'kasba' Bareli in Raisen District a plot of open land measuring 60 x 60 yards i.e. about 70 decimals situate in the Mandi area of Bareli was allotted for construction of a mosque. A mosque was accordingly constructed on an area of about 10 decimals & the remaining area was lying vacant & was being used as previously for the timber market. In 1951, an area of about 41 decimals was fenced and as there was not enough space for the market the Notified Area Committee shifted the market from there.3. In 1953 the Muslims of the place applied to the Tehslldar for permission to co...


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