A. N. RAY, JASWANT SINGH, M. H. BEG
Mohammad Ibrahim – Appellant
Versus
City Magistrate, Varanasi: State Of U. P. – Respondent
ORDER
1. The civil appeal and the five criminal appeals are against the judgment and order dated August 8, 1975 of the High Court at Allahabad.
2. The High Court gave a common judgment in writ petition and sevenal Criminal Revisions and a Criminal Reference.
3. The High Court allowed the writ petition and quashed the order of the Magistrate dated April 12, 1973 under Section 144 of the Code of Criminal Procedure. The High Court also quashed the orders of the City Magistrate and of the Sessions Judge.
4. The writ petition in the High Court and the several criminal cases related to orders passed under Section 144 of the Code of Criminal Procedure.
5. Both parties urged their rival contentions as to rights to property and religious practices and celebrations. All we need say is that the High Court was in error in dealing with disputes as to these rights in a writ petition. The versions of both sides bristle with disputes and controversies which can be decided only by suit and not in a writ petition. The High Court should not have pronounced finding on the nature and character of rights and properties. The judgment of the High Court is set aside. If any party has any grievance as to rights
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