JAVED AKHTAR Vs. UTTARAKHAND STATE

JUDGEMENT

(1.) In this case, the petitioner has prayed to issue a writ of mandamus directing the respondents to comply the order dtd. 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 dtd. 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:

(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, 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 Graveyard /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 dtd. 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.