MOHAMMAD SAHBAN v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/40187/2024 · 2025-02-26
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109189 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109189 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27103-DB Court No. - 29 Case :- WRIT - C No. - 40187 of 2024 Petitioner :- Mohammad Sahban Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Pardeep Narayan Pandey,Ramanand Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. Grievance of the petitioner is that certain private persons are not allowing the boundary to be erected around Kabristan (cemetery). An order dated 11.02.2013 passed by District Magistrate and Superintendent of Police, Basti has been placed on record, according to which certain individuals are opposing construction of the boundary. Those individuals are not before the Court. In such circumstances, we cannot proceed in the matter any further. There appears to be private dispute for which remedy of the petitioner would be either before the competent civil court or Warq Tribunal if Kabristan (cemetery) is registered as Waqf. No direction in the writ petition would be called for, particularly private persons with whom dispute exists are not impleaded as party respondents. The writ petition is consequently dismissed. Order Date :- 27.2.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad