IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10425 of 2008 Salamuddin Mian , S/o. late Dilsher Mian, R/o. Vill. Hussepur Chhapra, P.S. Amnour, District- Saran. Versus 1. The State Of Bihar, 2. The District Magistrate, Chhapra, Saran, Bihasr. 3. The Sub Divisional Officer, Marhoura, Saran. 4. The Circle Officer, Amnour, Saran. 5. The Chairman, Fifteen points Programme Implementation Committee, Bihar, Old Secretariat, Patna. 6. Sekhawat Ali, S/o. Aas Mohammad, 7. Lal Babu S/o. Banarsi Sao, 8. Narendra Kumar @ Nagendar Singh, S/o. Dharmdeo Singh, 9. Sant Kumar Singh, S/o. Raj Nath Singh, 10. Chandra Shekhar Singh, S/o. Bijendar Singh, 11. Keshaw Singh, S/o. Rajendra Singh, 12. Ashok Kumar Singh, S/o. Chandra Ketu Narayan Singh, 13. Shyam Sundar Mishra, S/o. Baijnath Mishra, 14. Satyendra Kumar Singh @ Bhutel Singh, S/o. Shatrughan Singh, Respondent No. 11 to 14 are residents of village- Hussepur Chhapra, P.S. Amnour, District- Saran. ---------------------------------- 03 20.10.2011 This application has been filed for a direction to the State Authorities to build a boundary over Khata No. 945, Survey Plot No. 3655 measuring 17 Kathas and 10 Dhurs in village- Husseypur, P.S. Amnour, District- Saran as the lands in question is Qabristan. The undisputed case of the parties is that this land was recorded in the name of Nabi Mian. Nabi Mian is said to have donated the land for a Qabristan, and it was being used as Qabristan by the Muslim community. The petitioner alleges that respondent Nos. 6 to 14 have encroached upon the lands in question and 2 has thus prayed that the State should take action against the encroachers. On behalf of the State it has been argued that the encroachment is not maintainable, if the land is a raiyati land. The question which arises before the Court is whether the land which was meant for the purpose of establishing a graveyard can be treated to be a personal and raiyati land for a individual or whether the graveyard was established exclusively for the family members of the donor, barring the general public from being buried in the said graveyard. If it is a public graveyard, then there is no doubt about the fact that an encroachment proceeding would be maintainable. However, if it is a raiyati land and restricted for the use of family members of Nabi Mian, then perhaps an encroachment proceeding may not be maintainable. The case of the private respondents is that they are the purchasers from the co-sharers of Nabi Mian ans as such they have a right and title over the lands in question. The private respondents have filed Title Suit No. 15 of 2007 for a direction that they hold a valid title and as such they are legally in possession of the land in question. This Court cannot interfere in view of the 3 disputed question of fact that has been arisen in this case. However, this Court can only advice the petitioner to appear in the title suit so that it may be expeditiously disposed of. This application is thus disposed of. Mkr. (Sheema Ali Khan, J.)