Court No. - 29
Case :- WRIT - C No. - 14745 of 2018 Petitioner :- Madarasha Nurululum Alasfia Dhanauti And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satyendra Nath Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ petition is before us to have an appropriate writ, order or direction for respondents to permit the petitioner no.1 to have burial of dead bodies of Muslim community at the 'Kabristan' situated in village Dhanauti, P.S. Gauri Bazar, Tehsil and District Deoria.
The submission of learned counsel appearing for the petitioners is that in village Dhanauti, a big chunk of land is available for burial of dead bodies of the persons belonging to Muslim community and thousands of graves as per the petitioners are in existence on the land aforesaid and out of those, 25 graves are covered by bricks.
The grievance of the petitioners is about resistance of the residents of village Dhanauti belonging to other community for such burial by claiming right over the land in favour of certain persons including Chandrabhan and Shree Krishna. It is brought to our notice that under the instructions given by the District Magistrate, Deoria, a detailed enquiry was made by the Chief Revenue Officer, Deoria and by acting upon that, an order is passed by the Sub-Divisional Magistrate confiding the petitioners to bury the dead bodies of the persons belonging to Muslim community in the limited area where graves are already existing. It is asserted on behalf of the petitioners that the entire chunk of land is graveyard and is encircled by a compound wall.
Per contra, learned Standing Counsel submits that there is a dispute about title over the land and that is apparent from the report of enquiry dated 17.1.2018 submitted by the Chief Revenue Officer, Deoria. As per the report aforesaid, a part of the land is recorded in the name of Chandrabhan, Shree Krishna and 'Naveen Parti'. Looking to this dispute, the Sub-Divisional Magistrate rightly passed an order to permit burial of dead bodies in the restricted area. It is further submitted that the petitioners, if are having any grievance, then they may file a suit for partition before the competent court.
Having considered the arguments advanced, we are of the view that looking to the nature of the dispute, it would be appropriate to identify the boundaries of the graveyard. For that purpose, the Sub-Divisional Magistrate at his own motion may invoke power under Section 24 of the U.P. Revenue Code, 2006. Section 24 aforesaid, provides a complete procedure for determining the boundaries by holding a summary enquiry and in the event of disputes, by examining the survey map etc.
Accordingly, the Sub-Divisional Magistrate,(Sadar), District Deoria is directed to act upon in accordance with Section 24 of the Code of 2006 at his own motion and determine the boundaries of graveyard in accordance with law by providing opportunity of hearing to the parties concerned. The Sub- Divisional Magistrate, shall complete the entire process within a period of three months as provided under sub-section (3) of Section 24 of the Revenue Code, 2006 from the date, the petitioners serve a certified copy of this order upon him.
In the meanwhile, the petitioners shall be permitted to have burial of dead bodies of Muslim community in accordance with the order earlier passed by the Sub-Divisional Magistrate (Sadar), Deoria.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 24.4.2018 sfa/ (Jayant Banerji, J) ( Govind Mathur, J)