ISLAHUL MUSELMIN COMMITTEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Public Interest Litigation is filed by the petitioners. Petitioner no.1 claims to be a Committee and petitioner no.2 is an individual with a prayer to direct the respondents herein to take various steps for protection of the grave-yard in village Pachkeshar, police station Karpi, in the district of Arwal.

(2.) The petitioners contend that there exists about 6 acres of land which was earmarked for grave-yard for Muslims, and that in the recent past there was a serious dispute between the two communities in the village. It is stated that part of the land is being forcibly used for non-communal purpose and it gave rise to friction and violence. They plead that though the instances of encroachments have been brought to the notice of the respondents as well as the Authorities of the Police Department, no action has been taken. In this background, they seek directions of various nature. Detailed counter affidavits have been filed on behalf of the respondents, respondent nos. 6, 8 and 9 on the one hand and respondent no.7 on the other. It is stated that there was some difference of opinion between the two communities in the village regarding the use of land and quite a large number of persons of both the communities sat together in November, 2013 and resolved their disputes duly indicating the measures to be taken and this was followed by two more meetings in January, 2014 and June, 2014. They submit that the first petitioner is a non-existing organization and the second petitioner is trying to blow up the sensitive issue by suppressing the arrangements that has been brought to existence with the consent of the two communities.

(3.) Heard Sri Rajeev Roy, learned counsel for the petitioners, Sri Anjani Kumar, learned AAG 6 representing the State, and Sri Rashid Izhar, learned counsel for the Wakf Board. As in the case of many villages, there exist separate grave-yard in Pachkeshar village earmarked for the people belonging to different communities. The Wakf Act, 1995 provides for registration and notification of the Wakf properties whether they are places of worship or grave-yards. The publication of list of the properties in the Gazette is to be preceded by survey as well as enquiry. The persons who feel aggrieved by notification are also provided certain remedies before the Wakf Tribunal and other fora.