ISLAHUL SUNNI MUSLIM KHIDMAT TRUST Vs. COLLECTOR

JUDGEMENT

(1.) By filing this petition, the petitioner-Trust has prayed to quash and set aside order passed by Collector on 16/9/2006, which is at Annexure-F.

(2.) Brief facts of the case are that by Revenue Entry No.246 posted in August 1947, the land bearing Survey No.1 of Village Champaner admeasuring 2 acres 25.5 Gunthas was allotted for the graveyard (Kabrastan) in the village Form No.6 after following procedure prescribed under the Bombay Land Revenue Code. It is further the case that entry No.246 was posted, which also reflects the order dated 3" March, 1947 passed by Collector for the allotment of such land to use the same for the purpose of Kabarstan. On 31 st October, 1950 entry No.283 came to be recorded and said survey No.1 was bifurcated into land survey numbers namely 1/1/A and 1/1/B. 1/1/A was admeasuring acres 4096.18 Gunthas while survey No.1/1/B which was allotted to the Kabrastan was admeasuring 2 acres and 27 Guthas. Accordingly, in the Form No.7/12 also said land is shown as Kabrastan.

(3.) Heard Mr.Hakim, learned advocate for the petitioner and Mr.Nikunj Kanara, learned AGP for the respondent-State at length.