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1983 Supreme(SC) 297

V.D.TULZAPURKAR, D.A.DESAI, A.P.SEN
Gulam Abbass – Appellant
Versus
State Of U. P. – Respondent


ORDER :- This Miscellaneous Petition for directions is an off-shoot of this Courts decision in the main Writ Petition No. 4675 of 1978, rendered on November 3, 1981: (reported in AIR 1981 SC 2198), in a dispute inter se between the members of the Shia and Sunni sects of Muslims of Varanasi, pertaining to the performance of religious rites, practices and observances by members of Shia sect on certain plots and properties situated in Mohalla Doshipura, Varanasi. The final result in that matter was expressed by this Court in these terms :

"In the result we hold that the petitioners and through them the Shia community of Mohalla Doshipura, Varanasi, have established their religious rites, practices, observances, ceremonies and functions minus the recitation and utterance of Tabarra (detailed in the writ petition) over the plots and structures in question and respondents 5 and 6 and the Sunni community of Mohalla Doshipura are permanently restrained by an injunction from interfering with the exercise of said rights in any manner by the petitioners or members of Shia community and respondents 1 to 4, particularly the executive magistracy Varanasi is directed, if action under Section 144,














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