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2024 Supreme(J&K) 19

WASIM SADIQ NARGAL
Shameem Akhter W/o Mohd. Azam – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ch. Mohd. Shabir, Advocate.
For the Respondent: Mr. Bhanu Jasrotia, Mr. Adarsh Bhagat, Mr. Ajaz Lone, Ms. Priyanka Bhat, Mrs. Monika Kohli, adv

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

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