SAYED MOINUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioners challenging the judgment dtd. 20/6/2013 passed by the learned Assam Board of Revenue in Case No.151 RA(G)/1991.

(2.) The case of the Petitioners as could be discerned from the pleadings as well as the materials on record is that one Hasarat Abul Quasim Khorasani was the disciple of Sayed Md. Ata Jan who came to India from Iran in 18 th Century and thereafter he reached Goalpara and started living there. The said Hasarat Abul Quasim Khorasani was regarded as the powerful Pir and he had many disciples and devotees in Goalpara. In the year 1896, the said Pir commonly known as Pir Saheb expired and his disciples, devotees and his son namely Bahauddin decided to burry him and buried him in the top of the hillock. The said Bahauddin also died leaving his son and legal heir one Syed Mahiuddin.

(3.) It has also been mentioned in the writ petition that the Respondent No.4 herein had filed a suit being Title Suit No.35/1978 in the Court of the Munsiff No.2, Goalpara praying for declaration that the graveyard of Pir Saheb is a public graveyard and further for a declaration that the Respondent No.4 who was the plaintiff was entitled to get the income of graveyard and for permanent injunction restraining the Petitioners' father. The Petitioners' father duly contested the said suit by filing written statement denying the claim of the Respondent No.4. The said suit being Title Suit No.35/1978 was dismissed by the Court of the Munsiff No.2, Goalpara vide a judgment and decree dtd. 27/7/1987.