MUZAFAR ALI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) this petition is filed as "public interest litigation" by seven individuals with the grievance that in hanwada village, there is a land admeasuring about ac.6.00 being used for muslim grave yard since times immemorial. It is stated that out of this land, an extent of 2.00 acres of land is in the name of aliakbar ashow khana. One dargah is also located in the land known as "rawoofullha sha qhadri rh". It is stated that urs will be taken from the said dargah every year. Even at the time of moharam, procession will take place from that place. It is stated that the land has also been recorded as 'goutan' land in the revenue records and there is no survey number assigned to it. But, it is being used as muslim grave yard. The land is also alleged to have been duly entered in the register maintained by the wakf board and is stated to be notified as wakf property. It is stated that despite it being so notified, some encroachers are trying to encroach upon the land and when some construction was sought to be raised by encroachers in the grave yard, with great difficulty the same was stopped by the petitioners and others. It is stated that respondent No.3 is duly bound to maintain and protect wakf property. Consequently, a direction is sought against the respondents to take necessary steps to stop illegal encroachment and to keep the property free from encroachments.

(2.) during the pendency of the writ petition, respondents 4 to 7 got themselves impleaded. They have resisted the claim of the petitioners by filing affidavit in reply. The stand taken by the respondents 4 to 7 in the affidavit is that the description of the land is vaguely stated by the petitioners. According to the deponent:

(3.) further details have been submitted to various proceedings saying that their title was duly accepted in those proceedings and consequently out of the land, an extent of 3.00 acres of land was sold under registered sale deed in 1983. The land was also given for construction of veterinary hospital and godown, police station etc. The land was also sold under various registered sale deeds where constructions have been raised.