1. The petitioners are the residents of Village Saaj, Tehsil Thanamandi, District Rajouri.

2. The case of the petitioners is that they have a common graveyard in which the ancestors of the people of the area are buried and the graveyard is situated in Village Saaj, Tehsil Thanamandi, District Rajouri, measuring 15 Kanals, 17 Marlas falling under Khasra No. 529 and Eid Gah, as per the revenue record the said land is Gair Mumkin Kabristan and Eid Gah and is under the possession of Ahil-e-Islam.

3. The grievance of the petitioners is that respondent No. 6-Tehsildar Thanamandi started construction of a road through the middle of the graveyard with the help of local police and respondents 4 and 5which is covered by Survey No. 529 situated in the aforesaid village. It is stated that Tehsildar Thanamandi, District Rajouri, himself came on spot along with respondents 4 and 5 and ordered to construct the road ostensibly under the influence of, pressure and in view of having taken some consideration from the people who would be beneficiaries of the road. The petitioners resisted and forced the respondents to stop the construction on the ground that the land belongs to Ahil-e-Islam an