Md. Sarmad Sidique v. The State of Bihar

.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Md. Javed Jafar Khan, Advocate For the Respondents : Mr. Yogendra Kumar Singh, AC to SC 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 01-08-2013 In this writ application, a communication of the Sub- Divisional Officer, Sherghati dated 11.02.2013, addressed to the District Magistrate, Gaya, a copy whereof has been annexed as Annexure-7, is under challenge. The letter shows that there was a meeting of the two communities and consensus was arrived at between them with regard to demarcation of land of graveyard and for putting a gate to it and a land identified for ‘Holika Dahan’. Petitioner claims to be a Member of the Graveyard Committee. It is submitted that due to this arrangement, some land of the graveyard has been taken over and right of the community has been denied. It is also submitted that in fact, Patna High Court CWJC No.8024 of 2013 (2) dt.01-08-2013 members of the Graveyard Committee were not parties to this decision. From the said letter of the Sub-Divisional Officer, this Court is under impression that in fact, there is a dispute between the two communities in respect of demarcation of land of the graveyard and for fixing a place of ‘Holika Dahan’ and by this arrangement, some sort of boundary was drawn between the two parts of the land. Sub-clause (h) of Section 4 (1) of the Bihar Land Disputes Resolution Act, 2009 empowers the Authority constituted under the Act to go into boundary disputes also. In the circumstances, petitioner or any member of any community is at liberty to move the Authority constituted under the Act for getting the disputes resolved. They will also be at liberty to move the Authority for any interim orders pending final adjudication in the matter. This writ application is disposed of. B.T/- (Jayanandan Singh, J)