Neutral Citation No. - 2025:AHC-LKO:36524-DB Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 654 of 2025 Petitioner :- Dost Mohammad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 21 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Atul Kumar Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondents State and Sri Dilip Kumar Pandey appearing on behalf of Gown Sabha. 2. In the light of the order proposed to be passed, issuance of notices to the private respondents are dispensed with. 3. Learned counsel for the petitioner, at the outset, submitted that details of the plots number have been erroneously mentioned in the prayer and instead of Gata No. 132, the correct prayer is 132(kh) measuring area 0.2410 hect. situated at Village Kharika, Panchayat Kharika, Tehsil & Pargana- Sandila, District Hardoi which has been recorded as graveyard. 4. By means of present PIL, prayer is being made for issuance of order restraining the private respondents from carrying out any construction or excavation or any other activities or alter the nature of land of Gram Sabha bearing Khata no. 132(kh). 5. It has been submitted that only a portion of the Gata no.132 has been recorded as cemetery which is evident from Khatauni filed as Annexure 4 pertaining to Fasli Year 1425-1430. He submitted that with regard to the remaining area of Khata No.132(ka), Patta were granted in favour of individual persons, who have sought to encroach upon the land of cemetery. In view of the aforesaid circumstances, present petition has been filed. 6. Learned counsel for the respondents, on the other hand, submitted that the dispute is basically a boundary dispute where in case the tenure holders of Gata no.132(ka) are encroaching upon land of the cemetery situated at Khata no. 132(kh) then the demarcation proceeding under Section 24 of the U.P. Land Revenue Code, 2006 can be initiated and the parties can be put within the para meters of the boundary of the individuals khatas. 7. Learned counsel for the petitioner does not dispute the said argument. 8. Accordingly, with the consent of parties, the petition is disposed of directing the petitioner to move an appropriate application under Section 24 of the U.P. Revenue Code, 2006 before the competent authority for demarcation of the said land and the said application may be moved within next three weeks. In case such application is moved, the competent authority shall proceed to decide the same expeditiously, say within a period of next two months thereafter, in accordance with law, giving adequate opportunity of hearing to all concerned persons. 9. with the aforesaid direction, the petition stands disposed of. Order Date :- 26.6.2025 A.Kr* (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench