The Calcutta High Court has directed the District Magistrate, Murshidabad to duly consider the representation of the petitioners and take an appropriate decision on the matter of agricultural land situated at Mouza Binkar, under Beldanga Police Station within the District Murshidabad, which is being illegally used as graveyard by private respondents.
The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj disposed the Public Interest Litigation (PIL) filed by Haradhan Ghosh and others.
The counsel for the State, on instruction, has informed that earlier the place for burial was chosen near the temple, but on account of objection, the same has been shifted to a different place and the part of the land as alleged by the petitioners is not being used as graveyard. This aspect has been disputed by the counsel for the petitioners.
The Court noted that the petitioners’ mass representation dated 02.03.2022 is already pending before the respondent No.2 (District Magistrate, Murshidabad).
The disputed question of fact raised before the High Court can be more appropriately inquired into and decided by the respondent No.2. The issue relating to use of agricultural land as graveyard has also been raised, which can be ascertained by the respondent No.2 on the basis of official record, observed the Bench.
“Hence, we dispose of the present writ petition directing the respondent No.2 to duly consider the representation of the petitioners dated 02.03.2022 after giving an opportunity of hearing to all the concerned parties and after getting a spot inspection and inquiry conducted, if required and take an appropriate decision in accordance with law,” the order reads.
Further the Court directed that let this exercise be completed by the respondent No.2 within a period of 8 weeks from the date of receipt of the copy of this order.