- (1.) Heard the learned counsel for the parties.
(2.) This writ petition has been filed as a Public Interest Litigation. Eleven persons have joined as petitioners. They belong to different communities and claim to be resident of places within Gram Panchayat Kushhan, Adalpur, District Mirzapur. Petitioners want this Court to issue a writ of mandamus commanding the respondents not to interfere in the rights of Muslims community of Village-Kushhan, Tehsil-Chunar, District Mirzapur in using Khasra No.50 measuring 0.531 hectares as Muslim graveyard/Qabristan. They want this Court to restrain the official respondents, particularly Sub-Divisional Officer, Chunar, from allotting this land to some private respondents impleaded as respondent nos.8 to 14 or to anyone else and to retain the character and nature of the land as graveyard/Qabristan.
(3.) There is lack of consistency whether the land is being used since long as graveyard/Qabirstan or now the land is required to be used as graveyard/Qabirstan. The resolution of Gran Panchayat dated 14.6.2012 contained in Annexure-5, inter-alia, considers the aforesaid issue under item no.4. The resolution is to the effect that the land recorded as banjar abadi should be allotted for being used as graveyard/Qabristan in view of its location being adjacent to the traditional Qabristan and growing population of Muslim minorities in the area.;