IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5813 of 2009 SABBAN SHAH SON OF LATE NABBU SHAH R/O VILLAGE- ALINAGAR PALI, P.S. PALI, DISTRICT- JEHANABAD………………………………….PETITIONER Versus 1. THE STATE OF BIHAR THRU THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. DEPUTY INSPECTOR GENERAL, MAGADH RANGE, GAYA. 5. DISTRICT MAGISTRATE, JEHANABAD. 6. SUPERINTENDENT OF POLICE, JEHANABAD. 7. THE OFFICER-IN-CHARGE, PALI P.S. JEHANABAD……………………………….RESPONDENTS. ----------- 07/ 04-Jan-2011 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been preferred by a resident of village, Alinagar Pali, P.S.-Pali, District- Jehanabad who belongs to muslim community. The prayer in the writ petition is to remove encroachment and crops from Plot No.459 in the said village and not to disturb the graves existing on that land. 3. From the documents available on record it is clear that another Plot No. 455 is recorded as graveyard and has already been demarcated and placed under a boundary wall. In respect of the plot in question i.e. Plot 2 No.459, the Khatian discloses the land to be Gairmazarua Aam Parti Kadeem which means public land under no particular purpose and available for use of all the people. However, in the counter affidavit filed on behalf of the Respondent No.5, i.e. the District Magistrate, Jehanabad, there is an averment in paragraph-10 that at present this huge plot measuring 74 decimals which comprises of Plot No. 382, 383 etc has kuchha road (earth work) as well as plain field and is used by public in general with one grave measuring 9”x 9”. It has further been stated in that paragraph that the rest of the land is free from encroachment being in the nature of parti and plain as well as having trees. Petitioner is satisfied with the description given above and he only wants that the existing grave should not be disturbed and the land should remain as public land and should not be permitted to be tilled or cultivated by private raiyat. Petitioner also wants that the said lands should not be settled with any body because according to petitioner this would affect the sentiments of the muslim community because they believe that in the past this land was used as a graveyard. 3 4. In public interest, we have no hesitation in granting the relief that the land in question should be treated as Gairmazarua Aam Parti Kadeem land and it should not be settled with any private person and the grave existing on the said land should not be disturbed. 5. It is clarified that this order shall not stand in the way of the road being made pucca or the land being put to use to public purpose. 6. This writ petition is disposed of accordingly. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)