JUDGMENT Yashwant Varma, J. The relief which the petitioner seeks is in the following terms: 1. Issue a writ, order or direction in the nature of mandamus directing to respondents to save and protects the land of Khasra no.593, 594 and 595 situated Mauja Kotara, Tappa-Haveli Pargana-Dhampur which are using as a 'Kabristan' since last so many years and unauthorized possession if any, is found to anyone shall also be evicted in the interest of public at large." 2. Having due regard to the nature of the claim, we are of the view that a primary fact finding enquiry would be necessary. Hence, we leave it open to the petitioner to move the Collector and District Magistrate, Bijnor. The third respondent may have the claim duly verified in accordance with law before determining what action, if any, is necessary. 3. The petition is, accordingly, disposed of. There shall be no order as to costs.