Uttarakhand High Court
August vs State Of Uttarakhand And Others on 11 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7043-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Public Interest Litigation No.154 of 2025
11 August, 2025
Mohd. Iqbal and Others --Petitioners
Versus
State of Uttarakhand and Others --Respondents
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Presence:-
Mr. S.R.S. Gill, Advocate for the petitioners.
Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State.
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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."
2025:UHC:7043-DB
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
2025:UHC:7043-DB
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
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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'
