High Court · 2025

- - Respondent s St at e of Ut t arakhand and Ot hers - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pr e s e n ce : - Mr. S.R.S. Gill, Advocat e for t he pet it ioners. Mr. Yogesh Chandra Tiwari, t he St at e. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - H o n ’ b l e M a n o j K u m a r Ti w a r i , J. H o n ’ b l e Su b h a sh Up a d h y a y , J. learned St anding Counsel ( Pe r : H o n ’ b l e M a n o j K u m a r Ti w a r i , J.) JUD GM EN T By m eans of t his writ pet it ion filed allegedly in public int erest , pet it ioners have sought following reliefs: - “ i) ii) I ssue a writ order or direct ion t he nat ure of m andam us direct ing t he respondent s aut horit ies t o regist er t he Cem et ery in revenue record sit uat ed in khasra no. 49, at Village Chak Aspur, Tehsil Jaspur, Dist rict Udham Singh Nagar as per earlier revenue records. I ssue a writ order or direct ion t he nat ure of m andam us direct ing t he respondent s aut horit ies t o prot ect t he right s of t he pet it ioners and ot her villagers by dem arcat ion of t he said area and const ruct ion of boundary wall where t he last rit es of t he Muslim com m unit y are being perform ed in khasra no. 49, at Village ChakAspur, TehsilJaspur, Dist rict Udham Singh Nagar. iii) I ssue a writ order or direct ion t he nat ure of m andam us direct ing t he respondent s aut horit ies not t o convert or occupy t he said land for any ot her purpose as t he sam e is being used as Cem et ery by t he Muslim com m unit y.” 1

2. Mr. S.R.S. Gill, learned counsel for pet it ioners subm it s t hat t here is a graveyard exist ing over Khasra No.49 ( old Khasra No.7/ 1) Village Aspur, Tehsil Jaspur, Dist rict Udham Singh Nagar. However, during consolidat ion proceedings t he said land was shown as wast e land, t herefore, in t he revenue records t he said land is not shown as graveyard.

3. Learned St at e Counsel, however, disput es t he said subm ission and subm it s t hat consolidat ion proceeding was concluded long back and not ificat ion U/ s 52 of U.P. Consolidat ion of Holdings Act had also been issued. Thus, he subm it s t hat t he reliefs as sought by pet it ioners in t his writ pet it ion cannot be grant ed. He furt her subm it s t hat if t he st and t aken by pet it ioners is correct t hat t he quest ion is a graveyard, t hen he subm it s t hat cause of graveyard has t o be espoused by I nt ezam ia Com m it t ee const it ut ed under Waqf Act by t he Waqf Board and pet it ioners do not have any locus st andi t o m aint ain t his writ pet it ion.

4. We find subst ance in t he subm issions m ade by learned St at e Counsel. I f at all, t he land in quest ion was being used as graveyard, t hen it is t he I nt ezam ia Com m it t ee which ought t o have approached t his Court inst ead of som e privat e persons.

5. Be t hat as it m ay, since pet it ioners have m ade a represent at ion t o Sub- Divisional Magist rat e, Jaspur

18.07.2025 ( Annexure No.4 t o writ pet it ion) , we dispose of t he writ pet it ion direct ing t he concerned Sub- Divisional Magist rat e t o exam ine t he m at t er and also t o ascert ain whet her t here is any I nt ezam ia Com m it t ee const it ut ed 2 under t he provisions of Waqf Act for Managing graveyard in quest ion.

6. We hope and expect t hat decision shall be t aken in t he m at t er by t he concerned Sub- Divisional Magist rat e wit hin six m ont hs from t he dat e of product ion of cert ified copy of t his order aft er holding such inquiry, as deem ed necessary. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 11.08.2025 SS SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a 8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7 D72C42261361AED33172F152148D, cn=SUKHBANT SINGH 3