RAJNISH KUMAR,J. - (1.) Heard Shri M.A. Siddiqui, learned counsel for the petitioners, Shri S.A.A. Rizvi, learned counsel for opposite party Nos. 1 to 3 and Shri Shafiq Mirza, learned counsel for opposite party no. 4.
(2.) The petitioners have approached to this Court with the prayer for a direction to opposite party Nos. 1 to 3 to produce the alleged order of Board dated 18.3.2015 which finds place in the letter of opposite party No. 3 dated 13.7.2015 and also copy of register of wakf, Wakf No.I-743, District Saharanpur and the proposal submitted by opposite party no. 4 for raising the building and reports etc. A further prayer has been made for quashing of order of Board and proposal of opposite party no. 4 for raising the shops etc. It has also been prayed that a direction be issued to the opposite parties not to damage, dismantle or demolish the graves and cause no obstruction in the user of graveyard as a graveyard.
(3.) The writ petition has been filed stating that the land in question i.e. Plot No. 388 and 389 is a graveyard since time immemorial. It appears that in 1294 F, its number was 713, which later on was numbered as Plot Nos. 388 and 389. According to petitioners as much as they know, the graveyard in question on the aforesaid plots was controlled and managed by the petitioner's ancestors and their ancestor's graves very much exist and in the Wakf Board also name of petitioner's ancestors as Mutawalli was recorded. Wakf Board used to issue notices to the ancestors of petitioners as Mutwalli of the wakf in question. The opposite party no. 4 in some way got his name recorded in the Wakf property No.I-743, District Saharanpur. On 30.3.1995, the Wakf Board issued a sanad indicating the opposite party no. 4 and husband of petitioner no. 1 as co-mutawalli however, now the opposite party no. 4 states himself to be the sole Mutwalli. The opposite party no. 4 got recorded his name as well as name of three brothers in the revenue records and in that connection, criminal proceedings were launched against him. The said entry was again corrected. The petitioners categorically stated that they do not wish to raise the question of mutwalliship. The petitioners stated that they are affected and aggrieved by permission which was granted by the Board to the opposite party no. 4 to raise constructions in the graveyard in the shape of shops vide order dated 18.3.2015 which finds place in the letter of opposite party No. 3 dated 13.07.2015 and the letter of Commissioner, Saharanpur Division, dated 01.07.2015. But the copy of the said order dated 18.3.2015 has not been provided to them.;