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Allahabad High Court
A PIL has been submitted regarding the intervention in Kabristan. PIL prayed that the necessary measures would be taken against those interviewed who had illegally entered parts of Kabristan.
The type of script was “Mandamus”.
It was alleged that respondents used the central part of Kabristan as a route. Recently, respondents started building a road over it.
However, the petitioner accepted the fact that Road had traditionally been used for daily public passage.
The petitioners advocated stopping the public use of Kabristan for travel purposes and ensuring that the government erects a border wall to the area.
It was argued that the petitioner had an alternative remedy, ie Section 133 of the CrPC. However, the court urged that it could not close its eyes to the realities of the ground.
Every citizen has the same and inalienable right as every other citizen to live peacefully, without fear of anti-social elements and to enjoy freedom of religion
The court held that the ordinary and religious rights of the Muslim community in Boonda village were threatened and violated by the actions of certain people interfering in the aforementioned Kabristan. Although the private respondents were not noticed, it is suggested not to give positive instructions that prejudice their legal rights
The court ruled:
The district judge ensures that interference in Kabristan is restricted.
The right border walls are put in place by the government.
The property may never be used for public passage.