The petitioner challenged road construction on land alleged to be a Nala and Charagah. The court accepted instructions that construction was not ongoing, rendering the petition infructuous and dismissing it.
The petition was dismissed as infructuous.
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Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4871 of 2018
Petitioner :- Ramji Rai Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Saurabh Basu Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present petition has been filed by the petitioner stating therein that plot no.351 which is registered as Nala and plot no.347 is registered as Charagah situate in village Rajapur Teheil Mohammadabad District Ghazipur, however, the respondent-authorities are making Chak Road over the same which is not in accordance with law.
Learned standing counsel on the instructions states that no constriction as alleged are being carried out over plot nos.351 & 347 as alleged in the petition. The instructions filed by the learned standing counsel is taken on record. The petitioner today has filed a supplementary affidavit stating therein that the construction was started, however, the same has been stopped when the present petition was filed in the High Court. Supplementary affidavit filed by the petitioner, is taken on record.
In view of the fact that the alleged construction is not taking place as stated by learned standing counsel and as accepted by the petitioner. The petition has become infructuous. The same is dismissed as having become infructuous.
Order Date :- 10.12.2018 Hasnain
Ramji Rai
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
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