Neutral Citation No. - 2025:AHC:6424-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 41 of 2025 Petitioner :- Muzaffar Hussain Respondent :- State of U.P. and 23 others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- C.S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J. 1. This petition has been filed by the petitioner purportedly in public interest seeking a direction inter-alia against respondent nos. 5 to 24 in not encroaching over the land, which is claimed to be of graveyard. 2. Various submissions have been made in the petition pertaining to the nature of land and that the said respondents are seeking to encroach over the land in question and therefore, a prayer has been made seeking directions to the official respondents to restrain the said respondents no. 5 to 24 from encroaching over the land/raising constructions. 3. Instructions have been produced inter-alia contesting the submissions made even pertaining to the nature of land. It is claimed that land of Khasra no. 308 is recorded as 'abadi' and that one Chiddu Shah is in possession over the alleged land since the year 1965 regarding which order has been passed by the competent authority. 4. In the circumstances of the case, wherein the plea sought to be raised pertaining to the encroachment over the land of the graveyard by the respondent nos. 5 to 24 and constructions being raised thereon, and the plea raised in this regard is being contested by the State, we do not find any reason to entertain the present petition filed as Public Interest Litigation, leaving it open for the petitioner to take appropriate proceedings before the competent court in accordance with law. 5. Consequently, the petition is dismissed with aforesaid observations. Order Date :- 15.1.2025 nd (Vikas Budhwar, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad