- (1.) IN the present Public Interest Litigation filed by Ram Swaroop and two others, at the point of time when writ petition has been taken up following prayers have been pressed. " (b) Issue a writ, order or direction in nature of mandamus restraining the opposite parties from raising boundary wall around land no. 669 and or around any cremation ground, cemeteries and graveyards situated in village Kasmandi Kalan Tehsil Malihabad, district Lucknow. (c) Issue a writ, order or direction in nature of mandamus restraining the opposite parties from handing over the possession of land no. 669 situated in village Kasmandi Kalan Tehsil Malihabad, district Lucknow to any class or community and to maintain the nature of land as public land. (d) Issue a writ, order or direction in nature of mandamus commanding the opposite parties to institute an inquiry in to the bungling and manipulation in khatauni prepared after 1375 fasli as contained in Annexure No. 5 to the writ petition."
(2.) PETITIONERS are submitting that there is Gata No. 669 recorded as barren land (mlj) belonging to Gaon Sabha and same was used by public in general and the same is now being illegally allowed to be included within the area of graveyards for the benefit of members of Muslim community whereas State cannot permit such inclusion.
(3.) PETITIONERS have stated that they are resident of village Kasmandi Kalan, Paragana and Tehsil Malihabad, district Lucknow from the time of their forefathers and their houses are situated within the abadi land. Petitioners have stated that Gata No. 669 measuring about 18 Bighas, 2 Biswas situated within the abadi area of gaon sabha has been recorded as barren land (mlj) and to fortify this fact khatauni of 1362 fasli has been annexed. Petitioners have further proceeded to mention that land of Gata No. 669 has never been a graveyard and in the khatauni of 1362 fasli, it has been recorded as barren land (mlj). Petitioners have further proceeded to mention that Tehsil authorities have acted in prejudicial manner and in connivance with the persons of vested interests the Khantauni from 1363 to 1375 faslis have been got misplaced/destroyed. Petitioners have further contended that record room of revenue department of the office of Collector Lucknow has issued a certified copy on 26.09.2014 wherein land situated at Gata No. 669 measuring 18 Bighas and 2 Biswas have been included within graveyard even though in 1362 fasli, said land was recorded as barren land (mlj). Petitioners have further stated that there is no mention of any order in the Khatauni as aforesaid regarding order that has been passed by any of the revenue authority to include Gata No. 669 as graveyard whereas the same was continuing as barren land (mlj). Petitioners have further proceeded to mention that without any order passed by any competent authority no change can be made in the revenue record. It has been reiterated that apparently no order has been passed by any court or revenue authority for recording any part of land situated at Gata No. 669 as graveyard. Petitioners have further stated that from katauni of 1376 to 1378 fasli it is clear that large scale bungling and manipulation has been made in the record and several persons are involved in the scandal including the officers, officials and the beneficiaries. It has also been sought to be mentioned that in Gata No. 669 there are no graves and the land is used by public and the open land is used by the students for playing and the general public for social functions and day -today activities. Petitioners have contended that in this background they are before this Court and as State is colluding with the members of a particular community and accordingly present PIL has been filed and this Court should come to the rescue and reprieve of the petitioners, in the facts of the case. On presentation of the present writ petition this Court on 01.12.2014 passed following order which is being quoted below: Learned Additional Advocate General, who has put in appearance on behalf of the State respondents, is directed to get the record available in relation to plot no.669, village Kasmandi Kalan, Pargana and Tehsil Malihabad, District Lucknow including the records of 1356 to 1359 Fasli pertaining to the aforesaid plot and any other record relating to the revenue entries including the consolidation records, if there be any.;