HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33645 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner before this Court claims that he is the Ex-Manager of the institution known as Siddhartha Shiksha Sansthan, Nagla Chandan, Mazra Bahota. The aforesaid educational institution had purchased the Gata No. 1003 measuring 0.680 hectare land through registered sale-deed on 18.4.2004. After purchasing the land in question a school was constructed. Gata No. 1002 is the land of petitioner, while Gata No. 1001 is the land recorded as cremation ground in the revenue records. Proceedings for eviction have been initiated under Section 67 of U.P. Revenue Code, 2006 on the ground that petitioner has encroached upon the land of Gaon Sabha recorded as cremation ground. As no objections were filed by petitioner, eviction order was passed, against which petitioner has filed an appeal under Section 67 (5) of U.P. Revenue Code, 2006 wherein ground has been taken that the school in question exists on Gata No. 1003, apart from this nothing has been stated in the appeal as to the encroachment over the Gata No. 1001. 2. Learned counsel for petitioner submits that if any encroachment exist on Gata No. 1001 petitioner is ready to exchange the land with the Gaon Sabha. 3. Learned Standing Counsel has opposed the writ petition and submits that Gata No. 1001 is recorded as cremation ground in the revenue records and no proceeding for exchange can be initiated as it is a public utility land. Versus Counsel for Petitioner(s) : Sarvesh Chandra Mishra Counsel for Respondent(s) : C.S.C., Krishna Kant Singh Hem Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Having heard learned counsel for parties and from perusing the material on record, I find that it is an admitted case of petitioner that the school is running on Gata No. 1003 and the land of Gata No. 1002 is recorded in his name. From the records, it is evident that the Gata No. 1001 is recorded as cremation ground in the revenue records. 5. This Court finds that no encroachment can take place over the land recorded as cremation ground. The authorities are hereby directed to demarcate the land of petitioner and if any encroachment is found on Gata No. 1001, the said encroachment be removed forthwith. No case for interference is made out. 6. Writ petition is misconceived and dismissed, accordingly. September 24, 2025 Shekhar WRIC No. 33645 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad