The Allahabad High Court has declined to interfere with a notice issued under Section 67 of the U.P. Revenue Code, 2006, concerning alleged occupation of land recorded in revenue records as a Qabristan (graveyard).
Justice Alok Mathur heard the petition and held that the grounds raised by the petitioner could be placed before the competent revenue authority in response to the show-cause notice.
Background of the Case
The petitioner, Afsaar, challenged a notice dated February 16, 2026, issued in RC Form-20. The notice alleged that a mosque had been constructed over land bearing Khata No. 221, Gata Nos. 18/377 and 163/38, measuring 147 decimal, which was recorded as Qabristan in the revenue records.
The petitioner argued that the mosque was an essential part of the Qabristan and therefore the notice was illegal and arbitrary.
The Court noted that the petitioner was not claiming to have constructed or occupied the mosque. It observed that the grounds raised in the writ petition were essentially his defence to the notice and could be considered by the competent authority.
The bench further observed that the petitioner would have a full opportunity to submit his reply before the Assistant Collector/Tehsildar, Sambhal.
Justice Alok Mathur found no ground to interfere with the notice or exercise jurisdiction under Article 226 of the Constitution. The Court directed that the petitioner's response be duly considered by the competent authority before passing an order.
Accordingly, the writ petition was dismissed on August 6, 2026.
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