Uttarakhand High Court
WPMS/2905/2021 on 6 January, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
AND
JUSTICE SHRI ALOK KUMAR VERMA
WRIT PETITION (M/S) NO. 2905 OF 2021
6th JANUARY, 2022
Between:
Javed Akhtar, Advocate S/o Banney Miyan, R/o Street
- Allikhan, Kashipur, District Udham Singh Nagar.
...... Petitioner
And
1. Uttarakhand State, through Secretary Revenue
Department, Dehradun.
2. District Magistrate, Udham Singh Nagar.
3. Sub Divisional Magistrate, Kashipur.
......Respondents
Counsel for the petitioner : Mr. Mohd. Umar, learned counsel
Counsel for the respondents : Mr. Anil Kumar Bisht, learned
Additional Chief Standing Counsel
for the State
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT: (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
In this case, the petitioner has prayed to issue
a writ of mandamus directing the respondents to comply
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the order dated 23.10.2013, passed by this Court, in
Writ Petition (PIL) No. 122 of 2018, within prescribed
time period, and also to issue a writ of mandamus
directing the respondents to comply the order dated
23.10.2013, passed by this Court, in the aforementioned
Writ Petition (PIL).
2) On 23.10.2018, a Divisional Bench of this
Court, had passed the following order, in Writ Petition
(PIL) No. 122 of 2018. The same reads as under:
"None is present for the petitioner.
Mr. Paresh Tripathi, C.S.C. for the State.
The case set out in the writ petition is that
some persons have encroached upon the Takiya /
Graveyard land and the revenue entries have also
been changed.
According, the writ petition is disposed of. The
District Magistrate, Udham Singh Nagar is directed
to hold an inquiry, under what circumstances, the
revenue entries were changed and to restore them
after hearing the parties.
Pending application, if any, also stands
disposed of."
3) The learned counsel for the petitioner submits
that the matter relates to a land recorded as Milak Musta
Takiyawali / Takiya / Takiyawala / in the Jamabandi
(revenue records) of 1283 Fasli year, accordingly 1875-
76, situated in Village Maheshpura, Pargana Kashipur,
3
District Udham Singh Nagar. According to him, the said
land of public utility, which was used for the burial of
dead bodies by the Muslim community since last century
and had been recorded as Graveyeard / Takiya in the
revenue record has been encroached by several
unauthorized occupants, who have built their shops and
buildings on the said land. According to the petitioner,
the status of the land in question has been changed
illegally in revenue records during consolidation process
by the respondents and the same has been recorded on
the names of several private persons, who have grabbed
the said land and built their buildings and shops on it.
Learned counsel for the petitioner would argue that the
respondent authorities have not taken appropriate steps
in accordance with law since 2018, and have deliberately
avoided complying the order dated 23.10.2018, passed
by this Court, in Writ Petition (PIL) No. 122 of 2018,
titled as Javed Akhter Vs State of Uttarakhand and
others.
4) On the other hand, learned counsel for the
State submits that the order dated 23.10.2018, passed
by the Division Bench of this Court, in the Writ Petition
4
(PIL) aforementioned, has not been complied with as
yet.
5) In such view of the matter, we dispose of the
present Writ Petition (PIL) by directing the respondent
No. 2, i.e., District Magistrate, Udham Singh Nagar, to
comply the direction passed by this Court in the nature
of mandamus on 23.10.2018, in Writ Petition (PIL)
aforementioned, failing which a civil contempt will lie.
6) The Writ Petition (PIL) stands disposed of,
accordingly. There shall be no order as to costs.
___________________________
SANJAYA KUMAR MISHRA, A.C.J.
_________________
ALOK KUMAR VERMA, J.
Dated: 6th JANUARY, 2022
Negi
