Neutral Citation No. - 2025:AHC:83721 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 808 of 2025 Petitioner :- Mohammad Shaddik Ansari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble J.J. Munir,J. Parties have exchanged affidavits. Admit. Heard forthwith. Heard Mr. Ajay Kumar Singh Kushwaha, learned Counsel holding brief of Mr. Pushkar Kushwaha, learned Counsel for the petitioner and Mr. Sanjay Kumar Ray, learned Standing Counsel on behalf of the State. This P.I.L. seeks a mandamus to the respondents to protect the burial ground (Qabristan), located in plot no. 638 and 639 minjumla of village, Dawank, Pargana Bhuili, Thesil Chunar, District Mirzapur and restrain respondent no.7 not to change the nature of the land recorded as Qabristan. At the hearing of the petition and, in fact, before that the petitioner made it clear that the only plot where the Qabristan of Muslims was located was in Plot No. 639 minjumla. He says that it has later on been subdivided into plot no. 639/3. In the counter affidavit that has been filed on behalf of the Sate, the petitioner's stand has been denied. It is stated that Plot No. 639 minjumla has an area of 0.571 hectares recorded as Qabristan, an area of 0.1450 hectares Banjar and 0.060 hectares Abadi. It is next asserted that the entire area of the Qabristan bearing 0.5710 hectares is free from encroachment and utilized by Muslims to bury their dead. It is then said that Plot No. 639 minjumla/0.1450 that is recorded as Banjar has an area of 0.0069 hectares utilized as Rasta to connect the Police Chowki Dawank and this road or Rasta has no concern with the Qabristan. It is also averred that Police Chowki Dawank is situate in Araji No. 643 over an area of 0.2530 hectares and its gate is also located in Plot No. 643. The petitioner in the rejoinder affidavit has said in paragraph no. 7 that the Police Chowki is built on Banjar land of plot No. 643 and had its gate towards the east and south earlier but, now, a new gate of theirs has been opened into the graveyard, in Plot No. 639, encroaching it. It is this encroachment which the petitioner pleads to be an encroachment on a public utility land by the Police. Going by the material on record, it is not possible for this Court in the exercise of our jurisdiction under Article 226 of the Constitution to go into all these disputed questions or fact. So far as the respondents are concerned, they have taken a stand that they have not encroached the land of the graveyard and the petitioner's denial of this position is an issue which the petitioner cannot canvass before us in a writ petition much less a P.I.L. This petition is, accordingly, dismissed. The petitioner is free to avail his remedies, as advised. Order Date :- 19.5.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad