The need to consider the dispute over the graveyard land and the presence of graves near the school building and playground under the Aquaf Act.

ORDER :

1. Petitioner through the medium of instant writ petition seeks the following reliefs:-

(i) Writ of Mandamus, commanding the official respondent Nos. 1 to 3 to initiate legal action against private respondent no. 4 in respect of the Graveyard land, which is Auqaf property, on which the private respondent no. 4 has established a building of private academy on the name of Gandhi Memorial Academy in Village Argi, Tehsil & District Rajouri and using the pathway and bathroom on the graveyard land thereby desecrating the graves yard, in which the forefather of the petitioner and others have buried in the Khasra No. 246 measuring 0l Kanal and 04 Marlas situated at Village Argi, Tehsil and District Rajouri and further direction may be passed to the respondent nos. 1 to 3 to demarcate preserve the Aquaf and graveyard land which is being desecrating;

(ii) Any other writ, order or direction which this Honble Court may deem fit and proper under the circumstances of the case may also 'be issued in favour of the petitioner and against the private respondents.”

2. The case set up by the petitioner is that he has an ancestral graveyard in the land measuring 01 Kanal and 04 Marlas under Survey No. 246 and the private respondent No. 4 has setup an academy with a name of Gandhi Memorial Academy upto 8th Standard on the said piece of land. The petitioner alongwith her husband and other locals have approached the respondent No. 1-Deputy Commissioner, Rajouri on 08.01.2021 for taking legal action against the private respondent No. 4. On 15.02.2021, another application was filed, stating that the said institution is in violation of SRO 123.

3. It is the case of the petitioner that she alongwith her husband approached to the respondent No. 2 i.e. chief Education Officer, Rajouri for taking legal action against the private respondent no. 4, who has established a private academy upon the graveyard land and thereby desecrating the graves of their forefather by way of using the pathway and bathroom of the academy upon the graveyard. Thereafter, the Chief Education Officer, Rajouri constituted a Committee on 24.03.2021, which visited the spot on 08.04.2021 and the said Committee has submitted its report and disclosed its report that a pathway of the academy leads upon the graveyards, but till date, no legal action has been taken and desecration of graveyard is continued.

4. It is the further case of the petitioner that the PRI of the local panchayat adopted a resolution and communicated it to respondent Nos. 1 & 2 that the private academy of respondent No. 4 using the pathway upon the graveyard is required to be viewed seriously for changing its pathway upon the graveyard, but no action has been taken.

5. Learned counsel for the petitioner submits that the petitioner has also approached to the respondent No. 3 on 28.11.2023 with a detailed application for taking action as per the Aquaf Act for preserving the graves of the forefathers of the petitioner and others, where the pathway is opened by the private respondent no. 4, but no action has been taken till date.

6. Feeling aggrieved of the inaction on the part of the respondents Nos. 1 to 3, the petitioner is compelled to approach this court by way of instant petition.

7. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant writ petition is disposed of by directing the respondents to treat the instant writ petition as representation and accord consideration to the same within some reasonable period.

8. Notice.

9. Ms. Priyanka Bhat, assisting counsel to Mrs. Monika Kohli, Sr. AAG waives notice on behalf of respondent No. 1 and Mr. Bhanu Jasrotia, learned GA appearing vice Mr. Adarsh Bhagat, GA and Mr. Ajaz Lone, Dy. AG waives notices on behalf of respondent Nos. 2 & 3. They submit that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rule