IGH URT F CTISGARH AT BILASPUR W. P16) Na‘ 2853 9f 2007 Petitioners 1. M.A.Gaffar, S/o. Abdul Sattar é Road Raigarh Tehsll and Dcstrict Ralgam (C u) ‘ aged about 72 years R/b Palac Mohammed Muneer, S/o. Abdul swan aged about 45 years, R/o._ l Handi Chowk; Raigam: Tehsn- and District Ragiarh (0.6.). Verus- Re-sendents 1 . State of Chhattisgarh, thug Secretary, Héme Depawment, Govt. of C.G., DKS Bhawan, Mantramya. Raipur (C.G.) inspector Generai of Pohcé Bilaspur Dwmon Btlaspur (C G) ‘Supermtendent of Pohce Raigarh (C G ) Chief Executive Officer, Chhattisgarh State Waqf Board, Raipur (C.G.). CfFcer-rn-charge City Kotwarr Ralgarh District Rargarh (C G ) District Magrstrate, Ralgarh (C G ) Mohammed Abrar, Slo. shri Iqbai Ahmed. aged about 45‘ye‘ars. Rio. Gaushalapara. Raigerh Tehsi! and District Raigarh (C.G.), WRP‘ PETITLQN UNDER ARTICLE ZgiOF TH LONSTITUTIéN OF lNDiA SB:Hon’bte Mr, Justrce Sattsh K. Agmhotrt' Shri Uttam Pandey, Advocate with $hrt Viptn Punjabi, Advocate for the petittener. . hri Sumesh Bajaj, Govt. Advocate fer the respondents No. 1 to 6. $hri Dtpanshu Kabta, Superintendent of Police, Ratgarh is preeent in erson. a R D E R (Passed on this 5‘“ day of Juiy, 2007) 1. The petitioner has tiied this petition under Article 226 of the Constitutiotgtof lhdia eeeking foitowin’g reiiefs:- “7.1 That the Hon'bte Court be pleased to issue a writ in the nature of mandamus to respondents 2, 3 and 5 directing thereby that the imminent daner be removed within a x ewim“ i ~ “ id__ i ,/#km ,e _ A . 4 H CO O HHAT s p roh E S p g i / ‘ {eascnable time and assured this Hon’ble Court that the impediment in’connection withthe burialof dead body has: been completely expetted. ‘ That the ‘Hon'hte Coat: be further pteased texthet the tespondent N95 he directed to take actien underthe provistens of section 147 at the Cede of; Criminal Procedure and insuie that he has taken pcsitive aetion in settling the dispute Viceneerning the right, ef use of graveyard (Kabnstan) ' hat the t—len’ble Court he ferther pleaaed to that the respchdents be dlreved tc/investrgéite the matter as is contained vide Arnexure N1 to N3 and prosecute the reeeonde'tt No under the National Security Act against his 1 legal and arbitrary behavrour That such other reliefs which the Hon‘bie Court deems ft m the cr cumstances of the case be also granted to the i eehttor‘ers l being restrained from asing the graveyard m question for burial purpose of the mad hasty Under the Muslim law it a oroperty is a cor'num‘y ts use the grate ard fer bursa! ef dead bodies The dispute With regard to the nature. of the propeny' involves disputed 'queetion ef feets Which cannet be decided by thisrCourt under Wit ju radiation The issue “nth regard tv the nature of the property has to‘be cena.dered and decrdeu tn ether jurredrchon Le. 'cnrilj rtsdrctron The 'espondents have filed their return d ted ”962007 Shri Dipanshu Kabra, Superintendent of Police, Ralgarh, present in the Court, states that a ease under Section 147 of the Criminal Procedure Code has been registered on 78.6.2007 and the same’hasd' ; Learned counsel appearing for the petitioners submits that the petitioners and he members of Devband Muslim community are ‘ pubrrc property no ore can peren‘ members of the Musilrt . . (w, Thakur Q4» been referred to the Court of City Magistrate, Raigarh on 13.6.2007, wherein nctice has been issaed ts the concerned pam‘es. The Superintendent of Police,Raigarhsubmits that he Wm ensure that there is proper [aw and crder ih the city. With regard to the prayer that the applications have been moved been taken, the answering respcndents are direaed te consider and ‘ examine the compiaint dated 26.2.2007, in accordance with iaw, on its own merits, within a reasonabie period. in View of the foregeing observations; this petition stands disposed ' of. I Sd/- r 1 i i Satish K. Agnihotri i } Judge i I ,.._.1 $7..” I!( > under the provisions of the National Security Act and no steps have