SHAMEEM AKHTER Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner through the medium of instant writ petition seeks the following reliefs:-

(2.) The case set up by the petitioner is that he has an ancestral graveyard in the land measuring 01 Kanal and 04 Marlas under Survey No. 246 and the private respondent No. 4 has setup an academy with a name of Gandhi Memorial Academy upto 8thStandard on the said piece of land. The petitioner alongwith her husband and other locals have approached the respondent No. 1-Deputy Commissioner, Rajouri on 8/1/2021 for taking legal action against the private respondent No. 4. On 15/2/2021, another application was filed, stating that the said institution is in violation of SRO 123.

(3.) It is the case of the petitioner that she alongwith her husband approached to the respondent No. 2 i.e. chief Education Officer, Rajouri for taking legal action against the private respondent no. 4, who has established a private academy upon the graveyard land and thereby desecrating the graves of their forefather by way of using the pathway and bathroom of the academy upon the graveyard. Thereafter, the Chief Education Officer, Rajouri constituted a Committee on 24/3/2021, which visited the spot on 8/4/2021 and the said Committee has submitted its report and disclosed its report that a pathway of the academy leads upon the graveyards, but till date, no legal action has been taken and desecration of graveyard is continued.