Mohammad Akram vs State Of U.P. And 3 Others
2017 Latest Caselaw 6220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 50147 of 2017
 
Petitioner :- Mohammad Akram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ram Janam Shahi
 
Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
 

 
Hon'ble Dilip B. Bhosale,Chief Justice
 
Hon'ble Manoj Kumar Gupta,J.

The sole relief claimed in the writ petition filed in public interest is to direct the authorities to take action on the application of the petitioner dated 8.5.2017 (Annexure 5) in which he has made a request for recording plot no. 653/04 (wrongly mentioned as plot no. 634/04) as burial ground in place of Abadi. According to the petitioner, the said land is a Kabristan but by mistake it was recorded as Abadi in the revenue records and it needs correction.

A perusal of the material brought on record of the writ petition reveals that a similar request made by one Jaan Mohammad, one of the villagers by filing objection under section 9-A(2) of the UP Consolidation of Holdings Act, 1953 was rejected by the consolidation authorities by holding that they do not have jurisdiction in the matter. It is not disputed before us that under the UP Revenue Code, 2006, complete machinery is provided for getting such a relief.

In such view of the matter, we do not consider it expedient to issue direction for taking decision on the application dated 8.5.2017 but leave it open to the petitioner to take recourse to the remedies provided under the UP Revenue Code, 2006 or  avail such other remedy as may be advised.

The writ petition stands disposed of accordingly.

(Manoj Kumar Gupta, J)      (Dilip B Bhosale, C J)

Order Date :- 2.11.2017

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