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1961 Supreme(Raj) 113

SARJOO PROSAD
Chairman, Municipal Board, Bhadra – Appellant
Versus
State – Respondent


Advocates Appeared:
B.B. Desai, for Petitioner; B.C. Chatterji Deputy Government advocate

SARJOO PROSAD, C.J.—This is a reference made by the learned Additional Sessions Judge of Ganganagar for quashing an order dated 28th Feb., 1960 passed by the Munsif Magistrate, Bhadra in a proceeding under sec. 145 of the Code of Criminal Procedure.

2. It appears; that the proceedings were initiated in respect of a dispute as to certain Chabutras. The learned Magistrate held that the Manila Bal Kalyan Kendra was in possession of the said Chabutras and restrained the Municipal Board, Bhadra and other non-applicants from interfering with the possession of the Mahila Kendra, and from putting up wooden stalls on the Chabutras. An order was also passed by the Magistrate directing removal of the wooden stalls already put up on the Chabutras in question.

3. The proceedings were taken upon an application filed by Shri Ramswaroop on behalf of the Mahila Bal Kalyan Kendra. It was alleged that on both sides of the main gate of the building of the Kendra there were two platforms or Chabutras; and on 12th May, 1959 the Municipal Board, Bhadra which was the opposite party and its office-bearers got an wooden stall of applicant no. 4 put up on one of the platforms. A suit for perpetual injunction h





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