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2026 DAILYLAW 7710 (UTT)

AKHTAR HUSSAIN v. STATE OF UTTARAKHAND

WPMS/1961/2026 · 2026-07-07

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010110542026 2026:UHC:5463 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1961/2026 Akhtar Hussain --Petitioner Versus State Of Uttarakhand --Respondent Hon'ble Manoj Kumar Tiwari, J. Mohd. Matlub, Advocate for the petitioner. 2. Mr. Ghanshyam Joshi, Addl. CSC for the State/respondent nos. 1 & 2. 3. Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sheeba Ahmed, Advocate, holding brief of Mohd. Shafy, Advocate for respondent nos. 3. 4. Petitioner is a resident of Morowala, Clementown, Dehradun. According to him, there is a Kabristan in village Morowala, however, respondent no. 4, which is a Kabristan Committee is not permitting residents of Morowala to bury the dead bodies. 5. By means of this writ petition, petitioner has sought the following reliefs:- “I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 to restrain the responding no. 4 or any of its members from interfering, blocking or creating any impediment in the burial ceremonies of the petitioner (Kafan-Dafan) or any Muslim resident of Morowala/ Turner Road, Dehradun area in the public Graveyard situated at Khasra No. 88 and 16, Gram Bharuwala, UKHC010110542026 2026:UHC:5463 Morawala, Dehradun. II. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 3 to remove the illegal blockades, private boards and unauthorized personnel of respondent no. 4 from the public graveyard premises and take over its physical and administrative management to protect public access.” 6. Learned counsel for petitioner submits that petitioner has made a representation to the District Magistrate on 21.04.2026, who may be directed to take decision thereupon. 7. Learned State Counsel submits that he has no objection, if the writ petition is disposed of in terms of the prayer made by petitioner’s counsel. 8. Accordingly, the writ petition is disposed of with a direction to the District Magistrate to consider petitioner’s representation and pass appropriate order, as per law, after hearing respondent no. 4, within six weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 07.07.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a1 5, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86 DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.07 17:58:43 +05'30'