- (1.)THIS revision is registered on a reference under Section 438, Cr. P. C. from the Additional Sessions Judge, Bhopal, recommending that the order dated 10-6-1953 issuing a notice under Section 145 (1), Cr. P. C. in Misc. Criminal Case No. 42 of 1953 in the Court of the District Magistrate, Raisen being illegal be set aside.
(2.)THE facts are as below: In 1945 on an application from the Muslim community of 'kasba' Bareli in Raisen District a plot of open land measuring 60 x 60 yards i. e. about 70 decimals situate in the Mandi area of Bareli was allotted for construction of a mosque. A mosque was accordingly constructed on an area of about 10 decimals and the remaining area was lying vacant and was being used as previously for the timber market. In 1951, an area of about 41 decimals was fenced and as there was not enough space for the market the Notified Area Committee shifted the market from there.
(3.)IN 1953 the Muslims of the place applied to the Tehslldar for permission to construct a house on the remaining vacant area and began construction of a row of shops along the road side The Hindu Community, however applied to the Deputy Collector objecting to such construction on the ground of inconvenience and that the plot was allotted only for a mosque and not for shops and such other constructions.
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