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1994 Supreme(Raj) 683

B.R.ARORA
Nijamuddin – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Mr. J.R. Patel, Advocate.
For the Respondents: Mr. K.L. Thakur, Public Prosecutor;
For the Respondents No. 2:Mr. Sadul Singh, Advocate. No. 2.

JUDGMENT

1. 1. This miscellaneous petition is directed against the order dated 14-10-93, passed by the Munsif and Judicial Magistrate, First Class, Bilara (Camp Pipar City), by which the learned Magistrate took cognizance against the petitioners for the offence under Section 203 of the Rajasthan Municipalities Act and issued bailable warrant in the sum of Rs. 3000/- for procuring the presence of the accused-petitioner.

2. Anoop Singh filed a complaint under Section 341 Indian Penal Code and Sections 117 and 203 of the Rajasthan Municipalities Act against the petitioner Nijamuddin and the proprietors of Pathan Auto Service, Bus Stand, Bilara, and Kureshi Transports, Bus Stand, Bilara, in the Court of the Munsif and Judicial Magistrate, First Class, Bilara. It was alleged in the complaint that the complainant is the owner of the land bearing Khasra Number 1978 of Bilara Chak Number 1, which abuts on public way. An obstruction over this land was made by Nijamuddin on 4-6-81, by raising constructions of the shops measuring 14'x 26'. The construction of these two shops have been made by Nijamuddin without taking any permission from the Municipal Board and he has given one shop on rent to









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