The Madhya Pradesh High Court dealt with a petition seeking protection and recognition of a graveyard used by the Muslim community in Sleemnabad, district Katni, and sought directions to declare that burial ground as exclusively belonging to the community for its continued use. The petitioner, who serves as a cashier of the local mosque, explained that the graveyard has been used by Muslims in the area for approximately three to three and a half centuries, with the land recorded in revenue records as such. Because the primary portion of the land identified as khasra no. 53 was full of graves, an adjoining parcel, identified as khasra no. 54, had been utilised as a burial ground for about 150 years. The petitioner’s affidavit detailed that out of the seven-acre plot of khasra no. 54, around three acres contain at least one thousand graves of community members. According to the petitioner, the area had long been demarcated and protected as a graveyard, initially fenced with hedges and later with barbed wire, a fact corroborated by an official Patwari report from the year 2000.
The petition further alleged that on a specific date in September 2025, unidentified individuals interfered with the recognized boundary of the graveyard, prompting the community to complain to the Sleemnabad Police Station. The petitioner asserted that multiple complaints were lodged, but while efforts were underway to repair and maintain the boundary of the land, the Tehsildar’s office purportedly issued a stay order on the property without providing the community an opportunity to be heard. The petition contended that the Muslim residents of Sleemnabad lack any other burial ground and had been shuffled between various revenue authorities without resolution, causing distress and showing disregard for their longstanding burial rights.
In light of these circumstances, the petitioner sought a declaration from the Court affirming that the land in question—khasra no. 54—belonged exclusively to the Muslim community as a burial ground and that the State should take action to safeguard this right and ensure that the community had a respectable burial site for their deceased. The writ petition underscored the historical use of the land, its inclusion in official records, and the necessity of protecting burial rights in accordance with religious and cultural practices.
While hearing the petition, the Division Bench, led by the Chief Justice and another judge of the Court, issued directions to maintain the status quo with respect to the subject land comprising the graveyard until further orders. The Bench accepted the notice in the matter, with counsel for the respondents indicating acceptance of the notice on their behalf. The High Court listed the case for further hearing on an early date, and in the interim, directed that no alteration, dispossession, or change in relation to the graveyard land should be made, thereby preserving the existing situation.
The High Court’s order to maintain status quo reflects a judicial inclination to preserve historical usage and community reliance on the burial ground while the substantive legal issues are further examined in subsequent hearings. It recognises the sensitivities associated with burial rights and land use in the context of longstanding religious practices, and seeks to prevent any irreversible changes pending adjudication of the petitioners’ claims. The matter was scheduled for further consideration to determine whether a declaration or other relief will ultimately be granted in favour of the Muslim community with respect to their exclusive use of the graveyard land.
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