Allahabad High Court
Afzal Khan And Others vs State Of U.P. Thru Secy. And Others on 23 April, 2013
Bench: Shiva Kirti Singh, Chief Justice, Dilip Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 15625 of 2013
Petitioner :- Afzal Khan And Others
Respondent :- State Of U.P. Thru Secy. And Others
Petitioner Counsel :- J.H. Khan,Gulrez Khan
Respondent Counsel :- C.S.C.,Anuj Kumar (Addl.S.C.),Punit Kumr Gupta
Hon'ble Shiva Kirti Singh,Chief Justice
Hon'ble Dilip Gupta,J.
Heard the learned counsel for the parties.
This writ petition has been filed as a Public Interest Litigation. Eleven persons have joined as petitioners. They belong to different communities and claim to be resident of places within Gram Panchayat Kushhan, Adalpur, District Mirzapur. Petitioners want this Court to issue a writ of mandamus commanding the respondents not to interfere in the rights of Muslims community of Village-Kushhan, Tehsil-Chunar, District Mirzapur in using Khasra No.50 measuring 0.531 hectares as Muslim graveyard/Qabristan. They want this Court to restrain the official respondents, particularly Sub-Divisional Officer, Chunar, from allotting this land to some private respondents impleaded as respondent nos.8 to 14 or to anyone else and to retain the character and nature of the land as graveyard/Qabristan.
There is lack of consistency whether the land is being used since long as graveyard/Qabirstan or now the land is required to be used as graveyard/Qabirstan. The resolution of Gran Panchayat dated 14.6.2012 contained in Annexure-5, inter-alia, considers the aforesaid issue under item no.4. The resolution is to the effect that the land recorded as banjar abadi should be allotted for being used as graveyard/Qabristan in view of its location being adjacent to the traditional Qabristan and growing population of Muslim minorities in the area.
Learned counsel for the State has produced before the Court the instructions. The same may be kept on record.
In law, resolution of the Gran Sabha or its Land Management Committee requires approval of competent officer and it appears that respondent no.3-Sub-Divisional Officer, Chunar, District Mirzapur is not impressed by the resolution contained in Annexure-5 and, therefore, the petitioners have approached this Court. Although the land, according to the petitioners, is recorded as banjar in Khatauni and they have placed reliance upon Khasra entry which indicates use of the land as graveyard/Qabirstan, but such entries cannot be sacrosanct and have only presumptive value. Hence, in the facts of the case, we are of the considered view that the petitioners' claim or grievance should first be examined by the authority itself. Since the petitioners have shown some distrust in respondent no.3-Sub Divisional Officer, Chunar, District Mirzapur, we direct respondent no.2-Collector, Mirzapur to consider the claim of the petitioners from all perspectives and take a decision in accordance with law in respect of their claims, if required after proper enquiry, at an early date, preferably within three months from the date of production of a certified copy of this order.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 23.4.2013
SK
