- (1.) HEARD Sri Akhter Abbas, learned counsel for the petitioner, learned Standing Counsel and perused the record.
(2.) WITH the consent of learned counsel for the parties, we proceed to decide the writ petition finally at the admission stage. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for issue of a writ in the nature of mandamus commanding the respondents to permit the petitioner to carry out the religious procession with regard to Tazias, which includes Tazia of big size, namely, 'Tazia Pachasa' and combined Tazias of small size.
(3.) ATTENTION of this Court has been invited towards the agreement entered into between two communities on 24th September, 1959, whereby it was agreed that the Tazia Pachasa shall be carried out only upto Eidgah, whereas the small Tazias shall be carried out upto Karbala. The relevant portion of the agreement dated 24th September, 1959 is reproduced as under: The Tazias will pass through plot no. 1104, 1055, 1054 and 1039, which are situated in the south of abadi on Saadatganj to the Karbala, one big Tazia will go to the Gandhi ground through the south of plot no. 1104, from west of Set bandh Rameshwar from east of Rishiya mook parwat between the two mango trees and from a place which is 30 yards towards North West of Baradari. This big Tazia will return back through the same route through which it goes to Eidgah, but there might be some persons with this Tazia who might like to go to Karbala to join the small Tazias from Eidgah leaving behind Big Tazia the route to these person shall be from the western boundary of Ram Lila ground, so only those person who accompany big Tazia to Eidgah shall be allowed to pass through the western boundary of Ram Lila ground and no other person. The Muslim shall not cross the Ram Lila ground. To avoid any misunderstanding about the western boundary I am directing the supervisor Kanungo concerned to demarcate a belt of twelve feet width along with the boundary of Ram Lila ground ( to the much west of Lanka). This belt will connect graveyard to the Galiara of Malauli, From connecting point of this belt and Malauli wala Galiara, The Muslim will pass through the Malauli wala galiara in the south of Lanka, the said belt may be used by public in general as Rasta.;