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“Muslim’s spiritual rights are being threatened” – Allahabad HC on encroachment of Kabristan

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Allahabad High Court

A PIL was filed regarding the encroachment on Kabristan. PIL prayed to take necessary action against the Respondents who illegally encroached on the parts of the Kabristan.

The nature of the writ was ‘Mandamus‘.

It was alleged that the respondents have been using the central portion of the Kabristan as a pathway. Recently, Respondents have started to construct a Road over it.

However, Petitioner did accept the fact that, Road had customarily been in use for the daily passage by the public.

Petitioners, pleaded to stop the public usage of the Kabristan for travel purpose and ensure that Government erect a boundary wall to that area.

It was argued that the Petitioner had an alternative remedy, i.e., Section 133 of the CrPC. However Court urged that, it cannot close it eyes to the ground realities.

Every citizen has an equal and inalienable right as any other citizen for living peacefully, without fear of antisocial elements and for enjoying religious freedom

Court opined that, the customary and religious rights of the Muslim community of village Boonda are being threatened and infringed by the acts of certain persons encroaching on the aforesaid kabristan. Though the private respondents have not been noticed, however, no positive directions effecting their legal rights are proposed to be issued against them

Court held that:

District Magistrate shall ensure that, encroachment over the Kabristan should be curtailed.

Proper Boundary walls shall be erected by the Government.

Plot shall never be used for public passage.

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