Parties cannot unilaterally utilize land for burial purposes contrary to current government designations and authorities' stances, especially when a designated and sufficient community burial ground is available and accessible within the same locality.

ORAL ORDER

1. Heard learned Advocate Mr. M.M. Kharadi for learned Advocate Mr. U.M.Kharadi on behalf of the petitioners and learned Assistant Government Pleader Mr. Aditya Pathak on behalf of respondent- State.

2. By way of present petition, the petitioners have sought for the following prayers:

“A. Admit this petition;

B. Allow this petition by quashing and setting aside impugned show cause notice dated 29.06.2026 (ANNEXURE-A) in the interest of justice;

C. Allow this petition by quashing and setting aside impugned order dated 16.06.2026 (Annexure-N);

D. Be pleased to stay operation and implementation of impugned notice and order dated 29.06.2026 (Annexure-A) & 16.06.2026 (Annexure-N) and further be pleased to permit the muslims of village Rupavati to continue 27 guntha of survey No. 45 at mouje Rupavati, Ta. Gariyadhar, Dist. Bhavnagar as burial ground;

E. Be pleased to restrain respondents authorities from taking any coercive action to exhume the dead bodies already buried in the Kabrastan;

F. Grant any other relief deemed fit in the interest of justice.”

3. It is the case of the petitioners that the petitioners have been issued a notice by the respondent no. 7 i.e Sarpanch of Rupavati Gram Panchayat District : Bhavnagar informing the petitioners that the petitioners had conducted a burial near a crematorium for Hindus situated in the village. It is informed that the petitioners was called upon to explain as to under what circumstances the petitioners had conducted the burial at the said site and whereas in absence thereof, the authorities, had informed the petitioners that the body which had been buried at the spot, would be exhumed after appropriate religious rituals and would be buried once again at graveyard which was designated for the said purpose. The Sarpanch had also informed the petitioner that the petitioners should not ensure any law and order situation when the action as observed hereinabove, would be taken.

4. The petitioners have also challenged an order dated 16.06.2026, whereby the Deputy Collector, Palitana has rejected the representation preferred by the petitioners and others for considering the above referred 27 gunthas as being part of a Muslim graveyard.

5. It is submitted by learned Advocate Mr. Kharadi on behalf of the petitioners that the land in question, where the burial was carried out, admeasuring 2.28 hectares, was allotted by the erstwhile Baroda Government for the purpose of a crematorium (for Hindus) and for a graveyard ( for persons of the Muslim community) and whereas, it was demarcated as 2 Acre 0.01 Guntha for the Hindus and for the crematorium 0.27 gunthas for Muslims as a graveyard. It is submitted by learned Advocate Mr. Kharadi that while originally, the revenue records inter alia mentioned both the part with regard to crematorium and graveyard yet, at some point of time, the reference to the graveyard had been removed from the revenue record and the whole land was being treated as assigned for the crematorium.

6. Learned Advocate would submit that the burial in question was of a family member was in the 27 gunthas which was reserved as a graveyard for the persons of the Muslim community and whereas under such circumstances, the notice issued by the respondent Sarpanch, was absolutely illegal and whereas it was requested to be interfered with. Learned Advocate would further submit that as it is since the land as per the original revenue record, i.e the 0.27 gunthas was allotted