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2025 DAILYLAW 4498 (UTT)

NASEEM AHMAD v. STATE OF UTTARAKHAND

WPMS/798/2024 · 2025-09-01

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7727 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/798/2024 Hon’ble Manoj Kumar Tiwari, J 1. None present for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner claims to be resident of Village Garhi Negi, Kashipur, District Udham Singh Nagar. In this petition, he has sought the following relief:- (i) To issue a writ order or direction in the nature of mandamus commanding the respondents to ensure and permit the petitioner to bury their dead bodies over the piece of land measuring about 0.200 hectare, bearing Khasra no. 1181, situated at Village Garhi Negi, Tehsil Kashipur District Udham Singh Nagar, which has been demarcated for Qabristan. 4. Learned State Counsel, by referring to para 3 of the writ petition, submits that Kabristan Committee, which petitioner represents, is not registered. He further submits that there appears to be some dispute between two rival groups and the land grabbers, who allegedly are trying to grab the land belonging to Kabristan, are not impleaded as a party to the writ petition. 5. Having regard to the relief sought in the writ petition, the writ petition is disposed of by permitting the petitioner to approach Sub-Divisional Magistrate concerned, in case, he has any grievance regarding encroachment over land belonging to Kabristan. If petitioner 2025:UHC:7727 makes such representation within two weeks from today, Sub-Divisional Magistrate shall look into the matter and after hearing all the stakeholders, including the alleged land grabbers, take decision, as per law, within six months from the date of production of such representation along with certified copy of this order. (Manoj Kumar Tiwari, J) 01.09.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610 C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.01 04:39:36 -07'00'