Directing stoppage of encroachment on Kabristan, HC holds that customary & religious rights of the Muslim community are being threatened & infringed.
“This Court cannot close its eyes to the ground realities. Every citizen has an equal and inalienable right as any other citizen for living peacefully, without fear of antisocial elements and for enjoying religious freedom.”
The above statement has given by Allahabad High Court while dealing with a Public Interest Litigation filed by members of Muslim community against the illegal encroachment made by the persons on the Kabristan (Muslim graveyard) situated at Village Boonda.
The Division Bench comprised of Justice Sanjay Yadav and Justice Jayant Banerji has considered that the customary and religious rights of the Muslim community of village Boonda are being threatened and infringed by the acts of certain persons encroaching on the kabristan and while passing direction to stop the encroachment the court has observed that,
“The High Court has reason to believe that fundamental and Constitutional rights of citizens are threatened, Article 226 of the Constitution of India vests sufficient powers to intervene and issue necessary directions.”
The petitioners has approached the court and have filed this public interest litigation seeking a mandamus directing the:
1. State of Uttar Pradesh Through Principal Secretary, Ministry of Revenue Affairs, Government of U.P., Lucknow,
2. District Magistrate, Kaushambi,
3. Sub Divisional Magistrate, Chayal, Kaushambi,
to take necessary action against illegal encroachment/ damage made by the respondents and associated persons on the Kabristan (Muslim graveyard) situated at Village Boonda, Pargana; Tehsil Chayal, District Kaushambi. It has further prayed by the petitioner to pass the direction for the respondents not to interfere in the peaceful construction of the boundary wall of the aforesaid Kabristan.
It has stated before the court by the petitioner that the petitioner along with other members of the Muslim community had filed an application before the District Minority Welfare Officer/Assistant Survey Commissioner Waqf, Kaushambi and on that application the concerned authority sent a request to the Sub-Divisional Magistrate, Chayal to enquire into the matter of the Kabristan and take necessary action.
It is stated that another application was also filed before the District Magistrate, Kaushambi regarding the encroachments made by the private respondents on the aforesaid Kabristan by making a road. The court has disposed of the present PIL under the circumstances and conditions provided by the court in its order.
The court has listed the present matter on 17 th April, 2021 and directed that Compliance of this order shall be reported to this Court by affidavit/s within a period of three months from today.
Case details:
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1720 of 2020
Petitioner :- Mohammad Shahid And 2 Others
Respondent :- State Of U P And 7 Others
Counsel for Petitioner :- Ayub Khan
Counsel for Respondent :- C.S.C.
Quorum: Justice Sanjay Yadav and Justice Jayant Banerji
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