IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18115 of 2008 1. HASNAT SAH, SON OF MD. USMAN SAH 2. AKBAR ALI, S/O LATE BAKAR ALI 3. SAFIQUE SAH S/O ROZAN SAH 4. RUSTAM ALI, SON OF ZAFFAR ALI 5. MD. JAHANGIR ALAM, SON OF QUYAMUDDIN, ALL ARE RESIDENT OF VILLAGE- NAROLA, P.S.- OBRA, DISTRICT- AURANGABAD (BIHAR) ………..PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA 2. THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, AURANGABAD 4. THE D.D.C., AURANGABAD 5. THE SUB-DIVISIONAL MAGISTRATE, DAUDNAGAR, DISTRICT- AURANGABAD 6. THE B.D.O. OBRA, AURANGABAD …………….RESPONDENTS. ----------- For the Petitioners : Mr. Md.Gayasuddin Khan, Advocate Mr. Shambhu Sharan Singh, Advocate For the State : Mrs. Nividita Nirvikar, G.P.XVI Mr. Saket Tiwary, J.C. to G.P.XVI. ----------- 3. 16.01.2009 Petitioners assert encroachment of Kabristan land. From the materials on record, it seems that there is rival claim of the two communities as to whether the area in question is burial ground or cremation ground. Having heard Mr. Shambhu Sharan Singh for the petitioners and Government Pleader No.XVI for the State, we are of the opinion that the dispute involved in the present case cannot be effectively and appropriately decided in the present proceeding. Petitioners, if so advised, may take recourse to any other remedy available to them in law. 2 Application stands dismissed with the observation aforesaid. (Chandramauli Kr.Prasad, ACJ.) ( Dr. Ravi Ranjan, J.) Narendra/