IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20080 of 2010 Md.Sadruddin S/o Late Md. Ishaque R/o village- Damaria, PS Gardanibagh, District Patna .......Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Department of Home, Government of Bihar, Patna 3. The District Magistrate, Patna 4. The Senior Superintendent of Police, Patna 5. The Sub-divisional Officer, Sadar, Patna 6. The Circle Officer, Sadar, Patna 7. The Officer-in-Charge, Gardanibagh PS, Patna 8. The Bihar State Sunni Wakf Board through its Secretary, Haj Bhawan, 34 Ali Imam Path, Harding Road, Patna ..........Respondents ----------- For the petitioner: Mr. Nadeem Seraj, Advocate For the State: G.P-17 For the Intervener: Mr. Ramakant Sharma, Sr. Advocate --------- 5 25-01-2011 Heard the parties. This Public Interest Litigation has been filed for a direction to the respondent authorities not to renovate or construct a pond on plot no. 1427 of Khata no. 30 because as per Survey Khatiyan it is a Gairmazarua Aam land which was described in Khatiyan as graveyard (Kabristan). Counter affidavit on behalf of the State is categorical that land in question is no longer graveyard since long number of years rather, it is a public land upon which pond exists since long. According to paragraph 6 of the counter affidavit there was a land acquisition proceeding for development of that area and in the year 1920-1921 the aforesaid plot no. 1427 had been 2 exchanged with plot no. 1344 situated at Damaria (Dhera Chak) under the same Mauza and since then on account of such exchange the Muslim community has been using plot no. 1344 as burial ground instead of plot no. 1427. On behalf of the petitioner, learned counsel has raised a dispute that once the land was described as a graveyard, the exchange would not affect the right of the community to use it as a graveyard and as it was a Waqf property; its nature of use cannot be altered. An intervention application has also been filed supporting the stand of the State. This court is not persuaded to go into the original map prepared at the time of land exchange showing exchange and other related issues in this Public Interest Litigation. It has acquired a definite shape of adversarial litigation. Hence, this writ petition as Public Interest Litigation is disposed of. It goes without saying that the petitioner, if so advised, may pursue his remedy through appropriate proceeding in accordance with law. BKS/- (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)