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1999 Supreme(MP) 467

B.A.KHAN, SHAMBHOO SINGH
INDER KUMAR PANCHAL – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
B.A.CHITALE, M.M.ASUDANI, S.S.SAMWATSAR, V.K.DUBEY

B. A. KHAN, J.

( 1 ) PETITIONERS claim to be members of Vishwa Hindu Parishad, Indore and social workers also. They claim that "nav Durga Mata Temple" situate at Manish Bagh Colony looked after by one Ishwarlal, was illegally and forcibly demolished by official respondents preventing them from exercising their fundamental right of practising religion and faith of their choice. It is alleged that this was done in violation of orders passed by this Court in Ishwarlal's writ petition No. 944/98 requiring them to take recourse to procedure established by law.

( 2 ) PETITIONERS claim that this temple existed on the land donated by Manish Bagh Co.-op. Housing Society's Ex-President as evidenced from Annexure P6 permitting Poojari Ishwarlal to raise/renovate the temple. The demolition incident was also witnessed by one sitting M. L. A. Laxman Singh Gaur testifying that Collector, Indore and Commissioner, Indore Municipal Corporation accompanied by police force had demolished the structure and beaten and abused people present on the spot. It is accordingly prayed that Government should be directed to conduct an enquiry against them and punish them for being guilty of misuse of their office













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