Court dismissed a writ petition vacating registration ban on submerged land as infructuous following withdrawal of the impugned ban order by the District Magistrate.
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Court No. - 4 Case :- WRIT - C No. - 39139 of 2019 Petitioner :- Intzar Ali And 6 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Shanker Misra,Vijai Shanker Shukla
Counsel for Respondent :- C.S.C. Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned Additional Chief Standing Counsel and perused the record.
This writ petition has been filed by the petitioners with the following prayer:-
I. Issue a writ, order or direction in the nature of certiorari to quash order dated 20.06.2019 passed by District Magistrate, Gautam Budh Nagar.
II. Issue a writ, order or direction in the nature of mandamus directing to the District Magistrate, Gautam Budh Nagar to allow registration work/registry of the land of the petitioner.
III. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
IV. Award costs of the writ petition to the petitioners.
When the matter was taken up today learned Additional Chief Standing Counsel produced before us an order passed by District Magistrate, Gautam Budh Nagar which has been taken on record and submitted that the government order pursuant to which ban on the registration of sale deeds executed in respect of submerged areas of Yamuna Hindal river was imposed has been withdrawn. Hence the prayer made in this writ petition has been rendered infructuous and the writ petition is liable to be dismissed as such.
Having perused the order dated 05.12.2019 passed by District Magistrate, Gautam Budh Nagar, we find that the submission made by the Additional Chief Standing Counsel is correct. Since the order impugned in this writ petition has been withdrawn, this writ petition has become infructuous and is accordingly dismissed.
Order Date :- 12.12.2019/P.S.Parihar
Intzar Ali And 6 Others
State Of U.P. And 5 Others
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
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