In a writ petition regarding encroachment on a graveyard in Nalanda district, the two-judge bench held the petition non-maintainable, dismissing it as it is the Mutawalli's duty and disputed title needs examination.
The writ petition was dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15516 of 2014
=========================================================== 1. Arun Singh, Son of Sri Chandra Shekhar Prasad Singh, resident of MohallaBharawpar Murarpur, Biharsharif, Police Station- Laheri in the district of Nalanda
.... .... Petitioner
Versus
All resident of Mohalla- Puna Sarai, P.S.- Laheri in the district of Nalanda
.... .... Respondents
=========================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Respondent/s : Mr. AAG10- P.N.SHAHI
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-06-2015
This writ petition is filed with a prayer to direct
the respondents 1 to 6 herein to remove the encroachments said to have been made by respondents 7 to 14 on the land bearing Khata No.185, Plot No.208, Thana No.123, MauzaKona Sarai of Nalanda district.
Patna High Court CWJC No.15516 of 2014 dt.22-06-2015
2/2
It is stated that the land in question was earmarked as a graveyard and on account of the lapse on part of the officials of the Government, respondents 7 to 14 have encroached the land and constructed houses.
Heard learned counsel for the petitioner and learned counsel for the respondents.
On the face of it, the writ petition is not maintainable. Firstly it is the duty of the concerned Mutawalli or the Managing Committee of Wakf to protect its properties. The petitioner is neither a Mutballi nor a member of the Wakf Board. Secondly, The Wakf Act prescribes specific procedure for protection of the Wakf property. Thirdly, disputed questions of title need to be examined before any specific order for eviction is passed.
Therefore, we dismiss the writ petition.
There shall be no order as to costs.
(L. Narasimha Reddy,CJ)
(Sudhir Singh, J)
K.C.jha/U
2 issues framed by the court
Whether this writ petition is maintainable regarding encroachment on a graveyard earmarked as Wakf property.
Whether specific orders for eviction can be passed without examining disputed questions of title.
Arun Singh
The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar
Yadu Prasad
The Chief Justice
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
