KAZI MOHAMMAD HANIF Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition is directed against order 10.4.2007 passed by Collector, Jabalpur in Revenue Case No.4/A-59/2006-07 whereby land user head of 0.050 hectares of land comprised in Survey No. 125/3 of Village Katangi, Tahsil Patan, District Jabalpur, was directed to be changed from that of graveyard and for dumping ground for rubbish and manure to that of Abadi for the purpose of Community building.

(2.) The facts giving rise to this writ petition may be summarized as hereunder: Some members of Muslim community made a representation to the authorities for construction of community building in Ward No. 8 of Nagar Panchayat, Katangi. Pursuant to aforesaid demand, the Nagar Panchayat Katangi in its Meeting No. 18 dated 15.3.2007, passed a resolution for allotment of suitable land by Sub-Divisional Officer for aforesaid purpose and also accorded financial and administrative sanction of Rs.7,00,000/- for construction of community building. Survey No.125/3 of Patwari Halka No.1, Revenue Circle Katangi, Tahsil, Patan was reserved in the Nistar Patrak for the composite purpose of graveyard and for dumping rubbish and manure; however, it was not shown in the Revenue records as to which specific part of the land was reserved for which of the aforesaid two specific purposes. The Court of Sub-Divisional Officer, Patan in Case No.2-A and 3A-59/06-07 vide order dated 7.4.2007 published advertisement inviting objections for changing the land user head of Survey No. 125/3 in the Newspaper and after considering the objections so received and after considering Spot Inspection Report and Report of Patwari recorded a finding to the effect that the land situated in the north-east side of the tamarind tree was earmarked for the purpose of dumping rubbish and manure and remaining land was reserved for the purpose of grave-yard. The SDO recommended that 0.40 of hectare of land reserved for dumping of rubbish and manure can be allotted to the Nagar Panchayat, Katangi for the purpose of community building by changing the land user head. Consequently the Collector, by impugned order dated 10.4.2007, directed that 0.050 hectare of land comprised in Survey No. 125/3 be separated from the remaining land in the Nistar Patrak and be allotted for the purpose of construction of community building.

(3.) The petitioner, claiming to be a resident of Katangi, filed this writ petition challenging order dated 10.4.2007 on the ground that in the Nistar Patrak, Survey No. 125/3 has been reserved for the purpose of graveyard, wherein the Muslims have been burying their dead since time immemorial and continue to do so. A land once dedicated to graveyard becomes wakf property and becomes inalienable; therefore, its land user head cannot be changed in exercise of power under section 237 of the M.P. Land Revenue Code (Herein after referred to in this order as "the Code"). The land for community building could have been allotted from SurveyNo.125/1 and 125/2 which is government land. The members of Muslim Community raised several objections against the conversion of land user head; however, those objections were not considered and decided. No demarcation was made in order to ascertain as to which specific part of the land comprised in Survey No.125/3, was earmarked for which specific purpose.