(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI) We have heard Mr.M.A. Kharadi, learned advocate for the petitioners and Mr.Chintan Dave, learned AGP for respondents No. 1 and 2.
By way of this Writ Petition in the nature of Public Interest Litigation, the petitioners have prayed for the following reliefs:
"(A) Admit this petition;
(B) Allow the petition by directing the respondents to maintain the 64 gunthas of Kabrastan land of survey no. 291/A of Godhra Kasba as it was allotted in the year 1946 and thereby the religious sanctity of last abode may be maintained;
(C) Allow this petition by holding that the land in question is a Kabrastan land and cannot be allotted to anyone including any authority for any purpose;
(D) Grant interim relief by restraining the respondents from carrying out digging work of any type in the Kabrastan land as the fathers and forefathers and ancestors of the petitioners as well as other local people were put to rest in the land in question;
(E) Award the cost of this petition;
(F) Grant such other and further relief's which may deem fit to the Hon'ble Court in the interest of justice."
So far as the dispute with regard to Kabrastan is concerned, it is always open to the petitioners to file a suit and the petitioners have an alternative remedy. Therefore, this writ petition in the nature of public interest litigation stands dismissed on the ground of availability of alternative remedy. No order as to costs.