Both these Writ Petitions are filed under Article 226 of the Constitution of India. Petitioner No.1 in Writ Petition No. 3123/2011 is a Registered Public Trust bearing No. B32( N)1961, which has majority of Muslim community as its members. Petitioner No.2 is resident of Mominpura area since birth where the said Masjid of petitioner no.1 is situated. The petitioners seek relief from indefinite curfew imposed in the Mominpura area because of burial of one “Mohd. Mustafa Mohd. Ansari”, popularly known as “Baba” in the premises of respondent no.6 – Central Tanzim Committee (hereinafter referred to as CTC for short) . They contend that because of this, education of about 7000 to 8000 students studying in 15 to 20 schools and junior colleges within the said area is disturbed. It is also alleged that the religious sentiments of muslim community who offer their prayers in 5 – 6 masjids located in the area are also hurt and livelihood of several others who earn it by carrying small trades, has been adversely affected. Claim is that the curfew has affected about 3 lacs of people directly or indirectly. The Baba in relation to whose burial controversy has arisen was a revered figure. He is referred to as “Late Baba” in the body of this petition.

2. Respondent no.1 before us is the State of Maharashtra, through its Secretary, Urban Development Department. Respondent no.2 is Collector and District Magistrate of Nagpur; Respondent no.4 is Commissioner of Nagpur and Respondent no.5 is Station House Officer of concerned police station. Respondent no.3 is Nagpur Municipal Corporation. Respondent nos. 6 to 9 have been added later on. Respondent no.6 is Central Tanzim Committee (CTC), within whose premises the body of lt. Baba has been buried. Respondent nos. 7 to 9 are the persons whose names were disclosed by the office of the Police Commissioner at first hearing before this Court, as persons who may want to oppose the petition and petitioners in Writ Petition No.3123/2011 impleaded them accordingly.

3. Civil Application No. 1677 of 2011 has been filed by two residents of Mominpura to direct the Authorities to remove the encroachment from play ground of the school and to perform honourable burial of lt. Baba at a place earmarked as muslim Kabrastan by Nagpur Municipal Corporation.

Civil Application No. 1678 of 2011 is filed by 5 members of the Central Tanzim Committee, a Public Trust and they also seek similar relief.

Writ Petition No. 3177/2011 is filed by a citizen resident of Ansar Nagar, who claims to be interested in the welfare of muslim community at large and he has also prayed for the relief of exhuming the body of lt. Baba and to bury it honourably at a specified place in accordance with the law.

Looking to the nature of the controversy, we have heard learned Counsel appearing for the petitioners, respondents and applicants/intervenors finally in both the petitions and with the consent of all by making Rule returnable forthwith.

4. Shri Parchure, learned Counsel has argued for petitioners in Writ Petition No. 3123/2011, while Shri Ukey, learned Counsel has argued for petitioner in Writ Petition No.3177/2011. Mrs. Dangre, learned Additional Government Pleader appeared for respondent nos. 1,2,4 and 5 on earlier dateS and on 08.07.2011 Mrs. Joshi, learned Assistant Government Pleader appeared on their behalf. Shri C.S. Kaptan, learned Counsel represented respondent no.3 Corporation. Shri Qazi, learned Counsel argued for respondent no.6 CTC. Shri M.G. Bhangde, learned Senior Counsel with Shri R.M. Bhangde, learned Counsel argued for respondent no.7. Shri R.L. Khapre, learned Counsel presented the case of respondent no.8 and Shri S.S. Sharma, learned Counsel has argued for respondent no.9.

5. It is not in dispute that lt. Baba expired on 28.06.2011 at about 0.30 hours and the burial has been done at about 5.30 a.m. on 29.06.2011. The case of petitioners is, the body of lt. Baba was taken to Tajabagh, where after performing some