MOHD.RAIS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE CIVIL SECTT. LKO AND 33 OTHERS
WPIL/289/2025 · 2025-04-03
Attau Rahman Masoodi, Karunesh Singh Pawar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 130873 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130873 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18661-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 289 of 2025 Petitioner :- Mohd.Rais Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Sectt. Lko And 33 Others Counsel for Petitioner :- Anil Kumar Verma,Km.Rachna Mishra,Mohammad Sohail Khan Counsel for Respondent :- C.S.C.,Raj Priya Srivastava Hon'ble Attau Rahman Masoodi,J. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner, Ms. Isha Mittal, learned Additional Chief Standing Counsel for respondent no. 1 to 5 and Shri Raj Priya Srivastava, learned counsel for Nagar Panchayat/respondent no. 6. Gata No. 709 measuring 0.8100 hectares, is officially recorded as a Kabristan. It is averred in the writ petition that some private parties have encroached upon a portion of this land.
Learned Counsel for the State and learned counsel for Nagar Panchayat have admitted that land in question is recorded as Kabristan. The entry so made in the revenue record according to the State is in conformity with the record maintained by the revenue department and the Nagar Panchayat also concedes this position. Furthermore, it is informed that proceedings for removal of unauthorized encroachments are in progress. It is expected that the land recorded as Kabristan shall be used exclusively for the identified purpose. The encroachment made by any unauthorized persons is bound to be removed by the State in accordance with law. In the event of any surviving grievance, the petitioner shall be at liberty to initiate appropriate
proceedings under Section 67 of the U.P. Revenue Code, 2006. It is also clarified that the public shall be permitted burial of dead bodies without any obstruction. With these observations, the writ petition stands disposed of. (Karunesh Singh Pawar,J.) (Attau Rahman Masoodi,J.)
Order Date :- 3.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench