STATE OF RAJASTHAN Vs. NAWAB ALI

JUDGEMENT

(1.) By this writ petition, the Petitioner-Defendants Nos. 1 and 2 in joint capacity have challenged the order dated 7-8-1998 (Anx. 3) passed by the Rajasthan Wakf Tribunal, Jaipur whereby the suit filed by Nawab Ali, Plaintiff-Respondent No. 1, had been decreed against them with the further direction to identify 5 Bighas of land out of Khasra No. 213 for being used as burial ground by the Kayamkhani Muslims and also declared that the Plaintiff is also entitled to raise construction of the boundary wall around the burial ground, which would be identified by the Defendants Nos. 1 and 2.

(2.) There is no dispute between the parties that vide Notification dated 13-4-1964, the land falling in Khasra No. 213 consisting of 225.625 Acres = 0.352 Square Miles in Village Rajas, Tehsil Laxmangarh, Distt. Sikar, had been declared "reserved forest", out of which 5 Bighas land has been allowed to be used as burial ground by the Kayamkhani Muslims.

(3.) The only dispute is of construction of the boundary wall by the Respondent No. 1-Plaintiff for protection of the dead bodies after being burried.