The recognized right to use disputed land as a graveyard is determined by demarcation undertaken by the revenue authorities and legal precedents.

Headnote:
graveyard - Land Dispute - Land Revenue Act - [Section 13 of the Land Revenue Act] - The court discussed the demarcation of land covered under khasra no. 1231 and its usage as a graveyard. The Divisional Commissioner's review order emphasized maintaining the status quo and reserved the land for grazing purposes, concluding that neither party had the recognized right to use the land as a graveyard. The court also referred to the law laid down by the Apex Court in the case of 'Jagpal Singh and others vs. State of Punjab and others' (2011 (11) SCC 396) to support its decision.
Fact of the Case:

The case involved a dispute over the usage of land as a graveyard in village Kukroosa, with conflicting claims from different parties. The Divisional Commissioner's review order emphasized maintaining the status quo and reserved the land for grazing purposes, concluding that neither party had the recognized right to use the land as a graveyard.
Finding of the Court:

The court found that neither party had the recognized right to use the disputed land as a graveyard, based on the demarcation undertaken by the revenue authorities and the law laid down by the Apex Court.
Issues: The main issue was the usage of land covered under khasra no. 1231 as a graveyard, with conflicting claims from different parties.
Ratio Decidendi: The court relied on the demarcation undertaken by the revenue authorities, the Divisional Commissioner's review order, and the law laid down by the Apex Court to conclude that neither party had the recognized right to use the disputed land as a graveyard.
Final Decision: The petitions were disposed of, and interim directions, if any, passed by the court earlier were vacated.

ORDER :

The instant petitions raise issues which are akin and analogous to each other as such are being disposed of by this common judgment/order.

OWP 2137/2015:

1. The petitioner herein claim to be chairman of Ziyaratgah Committee Bangandar, Khanpora and Jogandarbagh of village Kukroosa, Handwara having sought a writ of Certiorari for quashing of order dated 3.11.2015 passed by respondent 3 Deputy Commissioner, besides a writ of mandamus for commanding the respondents not to interfere with the peaceful possession of land measuring 36 kanal 11 marla covered under survey no. 1091 and 2092. Besides impleading the official respondents as party respondents 1 to 4 in the petition, inhabitants of village Kukroosa through Haji Mohammad Akbar Bhat are impleaded as a party respondent 5 in the petition.

2. The petitioner states that village Kukroosa comprise of various Mohallas namely Sheikh Mohalla, Kulli Kha Mohalla, Khan Mohalla, War Mohalla, Rather Mohalla, Jogendarbagh, Harkarpora and Khanpora. Mohalla Jogenderbagh, Harkarpora and Khanpora are stated to have their common graveyard in land covered under khasra no. 1091 and 1092 whereas the rest of the Mohallas are stated to have their separate graveyard in the land covered under survey no. 1040, 1041 and 1042.

3. It is being stated that the villagers of respondent 5 have constructed various residential houses in their own graveyard, as a result whereof they tried to encroach upon a vacant portion of land measuring 21 kanal being used by the petitioner villagers as a graveyard, which resulted into a dispute and same landed before a civil court wherein upon reference to National Lok Adalat, an award came to be passed on 14.3.2015 with the consent of the litigating parties providing therein that the appellants and respondents have settled that as per Muhafiz Khana record the Ahle Islam land at Kukroosa shall be demarcated and identified by Tehsildar Villagam in presence of the parties concerned and thereafter the parties shall arrange for fencing and preservation within three months from today and that the record of the Muhafiz Khana shall be obtained by the Tehsil office through proper channel and none of the parties shall have any objection in respect of the authenticity of that record and the action taken by the Tehsildar concerned pursuant to that record and that the Tehsildar concerned shall report action taken to the ADC Handwara in due course of time.

4. It is being stated by the petitioner that the respondent 3 Additional Deputy Commissioner, Handwara, submitted a report to respondent 2 Deputy Commissioner Kupwara dated 4.9.2015 soliciting advice and guidance from respondent 2 for resolving the dispute between the villagers and that the respondent 3 consequently addressed a communication to respondent 3 dated 3.11.2015 being impugned in the instant petition calling upon him to implement the order of the Lok Adalat as per revenue record and in case anyone is found involved in creating any sort of law and order problem, he must be dealt with in accordance with law.

5. It is being inter alia urged in the grounds of challenge averred in the petition that the impugned order is contemptuous in nature and invasion on the rights of the petitioners qua the graveyard belonging to them.

6. Objections to the petition have been filed by the official as well as private respondents.

7. In the objections filed by the official respondents, it is being averred that in pursuance of the directions as contained in the Lok Adalat award the demarcation of the land covered under khasra no. 1040, 1041, 1042, 1092, 1091, 1231, 1046 was conducted in presence of the parties and as per the demarcation report land under khasra no. 1040, 1041, 1042 and 1044 was found as graveyard whereas Jamia Masjid, Darasgah and Jinazgah was found existing in khasra no. 1045 and 1046 and land under khasra no. 1231 was found to be Mahfooz Khahchari measuring 20 kanals, 3 marlas and 18 sirsai.

8. In the objections filed by r

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