HASHAM BHAI MEMON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE aforesaid two writ petitions are being decided by this common order as identical issues arise for consideration based on similar facts, both petitions concerning disputes amongst different groups of muslims with regard to use of Burial Ground (kabristan) and offering prayer in the Mosque.

(2.) THE petitioner in W.P. (C) No.2198/12 has filed petition aggrieved by resistance offered by respondents No. 8 and 9 preventing the petitioner, family members and other relatives from offering prayer at Gole Bazar Masjid Committee, Rajnandgaon, as also preventing them from using Graveyard for burial of dead body of the family members of the petitioner's relatives and their community. The petitioner herein has prayed for direction that they be allowed to use Burial Ground (kabristan) and offer prayer in the Mosque on the pleadings that despite representation made to the Sate and police authorities, petitioner is not being allowed and no action being taken against respondents No. 8 and 9 and their supporters. Prayer has also been made for issuance of direction to State authorities and Waqf Board to take suitable action against respondents No. 8 and 9 and also provide suitable protection to the petitioner and his family members and other members of his community.

(3.) IN other writ petition W.P.(C) No.579/13, similar grievance has been raised and the dispute is with regard to the use of Graveyard in the city of Raigarh. There also, the grievance has been raised that the petitioners and their family members are not being allowed to use Graveyard for performing last rite and rituals of departed soul in those Graveyards. In this case, the grievance is directed against the resistance offered by respondents No. 7 to 10 coupled with complaint of inaction of State Authorities and Waqf Board. The petitioners grievance is that even Waqf Board has not taken any steps towards redressal of their grievance.