Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 6 June, 2025

                                                        2025:UHC:4609-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                AND

         THE HON'BLE JUSTICE MR. ALOK MAHRA

                Writ Petition (PIL) No.83 of 2025
                            6th June, 2025
 Pratap Singh Luthra                               --    Petitioner

                                Versus

 State of Uttarakhand and Others                   --Respondents
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 Presence:-
 Mr. Deep Chandra Joshi and Mr. Pankaj Semwal, learned counsel for
 the petitioner.
 Mr. P. C. Bisht, learned Addl. C.S.C. for the State.
 Mr. B. S. Negi, learned counsel for respondent nos.4 & 5.
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 JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioner, learned Addl. C.S.C. and learned counsel for the respondent nos.4 & 5.

2. The crux of the issue is shifting of graveyard, which, it is alleged, has been created in the center of the city.

3. It is not in dispute that the graveyard was created by the authorities and is being used since decades.

4. It is the case of the petitioner that, he has represented umpteen number of times and, despite numerous representations, no action has been taken to shift the graveyard.

2025:UHC:4609-DB

5. The petition does not disclose any alternative site. Be that as it may, the grounds urged are that the presence of the graveyard is creating fear amongst the people who pass by it.

6. The fact remains that the graveyard is compounded by boundary wall and there is no free access to the graveyard.

7. In that view, this being in the domain of the policy decision, we decline to entertain the PIL.

8. Be that as it may, it would always be open for the petitioner to make one more representation to consider his request to shift the graveyard. In the event, such a representation is made, the same may be considered and disposed of expeditiously.

9. Writ petition stands ordered accordingly. There shall be no order as to costs.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 06.06.2025 BS

BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce864

SINGH 0c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A 13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:17:13 +05'30'