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2025 DAILYLAW 20058 (ALL)

PREETI SINGH CHAUHAN v. STATE OF U.P. AND 5 OTHERS

WRIC/5040/2025 · 2025-03-11

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36261-DB Court No. - 29 Case :- WRIT - C No. - 5040 of 2025 Petitioner :- Preeti Singh Chauhan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Kumar Kushwaha,Nitin Chandra Mishra Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Following orders were passed on 28.02.2025: "Heard learned counsel for the parties. The petitioner contends that his land is not situated on any river bank. He is undertaking his agriculture activity. Adjoining plot of 6th respondent which is also his Bhoomidhari land is being allowed to be converted into crematorium by the State authorities without changing the nature of the land. Learned State Counsel prays for and is granted ten days' time to obtain instructions in the matter. Put up as fresh, once again, on 12.03.2025." Learned Standing Counsel has obtained instructions from the concerned revenue officials, which is taken on record. As per the instructions, the construction of crematorium is on the private land of individuals by private persons only. It is stated that the State is not constructing the crematorium. Learned counsel for the petitioner states that nature of land is agricultural and without appropriate declaration under the U.P. Revenue Code, 2006, its user cannot be changed. If that be so, the remedy of the petitioner would be to approach the competent forum for necessary relief against private individuals. The authorities can also be approached if the law permits it. In such circumstances, when the impugned action is not by the State and is by the private individuals, the remedy of the petitioner would lie elsewhere. Writ would not lie for such purpose, at the first instance. The writ petition is, accordingly, dismissed. Order Date :- 12.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad