Maharam Mandal and Others vs Emperor

Lodge, J.—This Rule was issued upon the District Magistrate of Rajshahi and upon the Opposite Party to show cause why an order under sec. 144 of the Code of Criminal Procedure should not be set aside. Admittedly the order which was passed is no longer in force as the period has expired. There is therefore no question of setting aside the order which was actually passed. This is a case of trouble over rival hats, Apparently the Petitioners have started a new hat on land of their own at a short distance from an old established hat and it is alleged that they have been guilty of acts of violence in compelling shop-keepers to attend the new hat and not to attend the old hat. The two hats are on opposite sides of a river and are held on different days. So there can be no question of persons attending the new hat committing oppression on people attending the old hat on the days of their attendance at the old hat. It seems to me that other more appropriate proceedings should be taken against any of the Petitioners who commit oppression on people seeking to attend the old hat. But I can see no reason why the Petitioners'' right to hold a hat on their own lands on different days from those on which the old hat is held nearby should be interfered with.

However, as the injunction has already lapsed, no order is necessary in this case and the Rule is discharged.