HI GH COURT OF UTTARAKHAND AT NAI NI TAL

Writ Petition Public I nterest Litigation No.154 of 2025

11 August, 2025

Mohd. Iqbal and Others --Petitioners

Versus

State of Uttarakhand and Others --Respondents -------------------------------------------------------------------

Presence:-

Mr. S.R.S. Gill, Advocate for the petitioners.

Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State. -------------------------------------------------------------------

Hon’ble Manoj Kumar Tiwari, J.

Hon’ble Subhash Upadhyay, J.

(Per: Hon’ble Manoj Kumar Tiwari, J.)

JUDGMENT

By means of this writ petition filed allegedly in

public interest, petitioners have sought following reliefs:-

“i) Issue a writ order or direction in the nature of

mandamus directing the respondents authorities to register the Cemetery in revenue record situated in khasra no. 49, at Village Chak Aspur, Tehsil Jaspur, District Udham Singh Nagar as per earlier revenue

records.

ii) Issue a writ order or direction in the nature of

mandamus directing the respondents authorities to protect the rights of the petitioners and other villagers by demarcation of the said area and construction of boundary wall where the last rites of the Muslim community are being performed in khasra no. 49, at Village ChakAspur, TehsilJaspur, District Udham Singh

Nagar.

iii) Issue a writ order or direction in the nature of

mandamus directing the respondents authorities not to convert or occupy the said land for any other purpose as the same is being used as Cemetery by

the Muslim community.”

2. Mr. S.R.S. Gill, learned counsel for petitioners submits that there is a graveyard existing over Khasra No.49 (old Khasra No.7/1) Village Aspur, Tehsil Jaspur, District Udham Singh Nagar. However, during last consolidation proceedings the said land was shown as waste land, therefore, in the revenue records the said land is not shown as graveyard.

3. Learned State Counsel, however, disputes the said submission and submits that consolidation proceeding was concluded long back and notification U/s 52 of U.P. Consolidation of Holdings Act had also been issued. Thus, he submits that the reliefs as sought by petitioners in this writ petition cannot be granted. He further submits that if the stand taken by petitioners is correct that the land in question is a graveyard, then he submits that cause of graveyard has to be espoused by Intezamia Committee constituted under Waqf Act by the Waqf Board and petitioners do not have any locus standi to maintain this writ petition.

4. We find substance in the submissions made by learned State Counsel. If at all, the land in question was being used as graveyard, then it is the Intezamia Committee which ought to have approached this Court instead of some private persons.

5. Be that as it may, since petitioners have made a representation to Sub-Divisional Magistrate, Jaspur on 18.07.2025 (Annexure No.4 to writ petition), we dispose of the writ petition directing the concerned Sub-Divisional Magistrate to examine the matter and also to ascertain whether there is any Intezamia Committee constituted under the provisions of Waqf Act for Managing graveyard in question.

6. We hope and expect that decision shall be taken in the matter by the concerned Sub-Divisional Magistrate within six months from the date of production of certified copy of this order after holding such inquiry, as deemed necessary.

( Subhash Upadhyay, J.) ( Manoj Kumar Tiwari, J.)

11.08.2025 SS SUKHBANT Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a

8a6380d49b1885e628615, postalCode=263001, SINGH st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7 D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.08.13 11:33:51 +05'30'