Sanjay Prajapati And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11999 of 2017 ====================================================== 1.

Sanjay Prajapati Son of Vishwanath Prajapati 2.

Satyendra Prajapati Son of late Bijlal Prajapati 3.

Ashok Prajapati Son of Sukha Lal Prajapati All are resident of Village- Kharaundha, P.S. Nabi Nagar and DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate-Cum-Collector, Aurangabad. 3.

The Additional Collector, Aurangabad.

4.

The Sub Divisional Officer, Aurangabad.

5.

The Circle Officer, Circle Nabinagar Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha-SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present writ petition has been filed seeking the following relief:- "1) That this petition is being filed for directing the concerned authorities not to disturb the Land in question which is recorded in cadastral Khatiyan as Murdghati that is being used by the Hindu community for cremation since time immemorial and further for directing the authority concerned to remove encroachment over the land in question by restraining the authority concerned who are trying to distribute the land between Hindu and Muslim communities although there is

Patna High Court CWJC No.11999 of 2017(2) dt.19-04-2023 2/2 separate land allocated for graveyard (Kabristan)."

At the outset, the learned counsel for the respondentState has submitted that an agreement has been entered into between the disputing parties of the two communities in question, whereafter they have agreed to share the land in question for the purposes of use as crematorium and graveyard, however, the learned counsel for the petitioners submits that the petitioners be granted liberty to approach the respondentauthorities for redressal of their subsisting grievance, if any. Liberty so sought is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/- U