Writ petition for quashing of impugned order dismissed as not pressed. The petitioner's counsel requested dismissal during hearing, whereupon the court accorded the prayer.
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Court No. - 49
Case :- WRIT - B No. - 3028 of 2019
Petitioner :- Rajesh Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Prakash Padia,J.
Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 & 2 and Sri Ram Babu Yadav learned counsel for respondent No. 3.
The petitioner has preferred the present writ petition with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.06.2019 (Annexure No.6) passed by respondent no.2 in Original Revision No.369, Heerawati Devi vs. Ramapati in Restoration Application No.118 of 2015, State of U.P. vs. Heera Devi @ Heerawati, in restoration application no.118 of 2017, State of U.P. vs. Heera Devi @ Heerawati, under section 48 (3) of the U.P. Consolidation of Holdings Act.
(ii) Issue such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case: so that justice may be done.
(iii) Award cost of the writ petition."
A preliminary objection has been raised by the learned Standing Counsel that the present petition filed by the petitioner is not maintainable specially in view of the fact that the petitioner is a complainant. Learned Standing Counsel also relied upon a judgment and order of a Co-ordinate Bench dated 9.3.2017 passed in Writ B No.8409 of 2017 (Heerawti Devi Vs. State Of U.P. And Another) connected with Writ B No.7572 of 2017 (Ghanshyam Dubey Vs. State Of U.P. And Another) by which both the writ petitions were dismissed.
At this point of time, learned counsel for the petitioner made a request to dismiss the present writ petition as not pressed.
In view of the same, the present writ petition is dismissed as not pressed.
Order Date :- 13.12.2019 saqlain
Rajesh Dubey
State Of U.P.
Prakash Padia
As recorded by the court registry
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