ANWAR EQWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to protect the graveyard from illegal encroachment and prohibit respondent no. 4 from making settlement thereof.

(2.) ACCORDING to the petitioner, Plot Nos. 143, 145, 146, 147, 148, 149, 157, 240, 241, 242, 243, 247 and 249 situated in Thana No. 98 at Mohalla Baridargah, Bihar Sharif town form part of a Kabristan and it is his grievance that respondent nos. 1 to 3 are not taking action to protect the same from being encroached and preventing respondent no. 4 from holding Chiragha Mela on the same.

(3.) IN the counter affidavit, filed on behalf of respondent no. 4, it has been clearly stated that the temporary licenses to run shops are given over a portion of Plot Nos. 147 and 1407 which are not part of Kabristan since time immemorial for few days. It has been specifically stated that Plot Nos. 147 and 1407 do not form part of the Kabristan, and as such, the assertion made by the petitioner that Plot Nos. 147 and 1407 are Kabristan, is not correct.