Masjid Graveyard And Muslim ... vs Mohd. Moinuddin
2022 Latest Caselaw 6068 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
          THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                   WRIT APPEAL No.765 of 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Mr. M.Saroj Reddy, learned counsel for the

appellants;        Ms.       Shakera         Banu,           learned   counsel

representing Mr. M.A.K.Mukheed, learned counsel for

respondents No.1 to 4; Mr. T.Srikanth Reddy, learned

Government Pleader for Revenue appearing for respondents

No.5 to 7; Mr. R.Chandra Shekar Reddy, learned counsel

for respondent No.8; Mr. Md. Abdul Mateen Qureshi,

learned Assistant Government Pleader for Home appearing

for respondents No.9 and 10; and Mr. Abu Akram, learned

counsel for respondent No.11.

2. This writ appeal has been preferred against the order

dated 08.08.2022 passed by the learned Single Judge

disposing of W.P.No.30874 of 2022 filed by respondents

No.1 to 4 as the writ petitioners.

3. Respondents No.1 to 4 had filed the related writ

petition for a direction to the official respondents to stop

illegal and unauthorised construction being carried out by

respondents No.8 to 14 in the writ petition (appellants and

respondents No.12 to 14 herein) in respect of land to the

extent of Acs.2.20 guntas in Survey No.487 situated at

Bijnapally Village and Mandal in Nagarkurnool District

(subject land) which is used as a Muslim graveyard.

4. Learned counsel for the appellants submits that

though appellants were arrayed as respondents in the writ

proceedings, no notice was issued to the respondents and

without hearing the respondents, learned Single Judge

disposed of the writ petition.

5. From a perusal of the order of the learned Single

Judge dated 08.08.2022, we find that learned Assistant

Government Pleader for Revenue had informed the learned

Single Judge on the basis of written instruction received

from the concerned Tahsildar that the subject land is a

Government land and recorded as Kariz Khatha in the

revenue record. The same was used as a Kabarsthan

under the control of Telangana State Wakf Board. Learned

Single Judge found that Tahsildar had issued notice dated

19.07.2022 to the persons carrying out constructions in

the graveyard area. But no follow up steps were taken. It

is in such circumstances that the writ petition was

disposed of by directing District Collector, Nagarkurnool

District; Tahsildar, Bijnapally Mandal; and Telangana State

Wakf Board to take steps for protecting the subject land

from unauthorised encroachments and illegal

constructions and to complete the process within eight

weeks.

6. In the hearing today, we had put a query to learned

counsel for the appellants about the status of the subject

land. He admits that this is a government land used as a

graveyard. However, he submits that appellant No.1 is a

committee of the local people looking after the graveyard.

Constructions have been made on permission being

granted by the Gram Panchayat so as to earn some income

to carryout activity of protecting the graveyard.

7. We are afraid, the same can be a good ground for

encroaching upon and making construction over

government land used as a graveyard. The Gram

Panchayat also would not have any authority to grant such

construction permission in the graveyard.

8. Therefore, non-issuance of notice to the appellants

would not, in our view, vitiate the order passed by the

learned Single Judge.

9. For the aforesaid reason, we dismiss the writ appeal

as being of no merit.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ C.V.BHASKAR REDDY, J 22.11.2022 vs