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2025 DAILYLAW 119997 (ALL)

ZAHEEN ABBAS v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS U.P. LKO. AND 3 OTHERS

WPIL/73/2025 · 2025-01-28

Attau Rahman Masoodi, Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5832-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 73 of 2025 Petitioner :- Zaheen Abbas Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas U.P. Lko. And 3 Others Counsel for Petitioner :- Aftab Ahmad Counsel for Respondent :- C.S.C.,Raj Priya Srivastava Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Aftab Ahmad, the learned counsel for the petitioner, Sri Raj Priya Srivastava, the learned counsel for the Nagar Panchayat and the learned counsel for the State. 2. By means of the instant writ petition, the petitioner has prayed the following main relief:- i. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to strike of the land in question viz. Gata No. 813, 780Kha and 721 from the Khata of Banjar Land and enter the same in the Khata of Qabristan and also in the relevant revenue records the land in question be recorded as Qabristan at the earliest. 3. The dispute relates to Gata No. 1067/1, 1126 and 1016 measuring 26-16-11, 0-4-0 and 2-13-11 respectively of which new numbers recorded in the revenue record are Gata Nos. 813, 780Kha and 721 totaling to 4.260 hectares. These plots were recorded as Qabristan in the revenue records pertaining to 1363-1374 fasli, whereafter, an entry with respect to the said land has come to be made as banjar (barren land). As per averments made in the writ petition it is stated that the land in question has been known as Qabristan throughout for its use to bury the dead bodies. 4. Learned counsel for the petitioner has submitted that as per some resolution of the Nagar Panchayat passed recently the land use of the land in question has been decided to be altered pursuant to which the petitioners are apprehending dispossession as well as the change in the land use. Essentially the case before us is that of correction of land records for which the petitioner has not initiated any proceeding so far. It is submitted that the notice of change of land use has come to be informed to them recently without service of any resolution to this effect. 5. Be that as it may, it is left open to the petitioner to initiate appropriate proceeding for the correction of land record before the competent authority and in case any such proceedings are initiated within a period of two weeks from today, the same shall be decided expeditiously in accordance with law. It is made clear that all the necessary parties shall be impleaded in the proceedings so instituted by the petitioner and the same shall be culminated after due opportunity to each of the affected parties. The proceedings so instituted are directed to be decided expeditiously and preferably within a period of six months from the date of its institution. Until decision of the proceedings status quo as on date shall be maintained and the same shall abide by the outcome of the proceedings permitted to be initiated in terms of this order. 6. The land use as qabristan in the meantime shall not be interrupted or interfered with by the Nagar Panchayat or authorities. 7. The writ petition stands disposed of. Order Date :- 28.1.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench