Appeal against dismissal of writ petition challenging road construction on school playground. Court held no case for interference as the road was built before petition filing.
The appeal against the impugned order dated July 14, 2021 is dismissed.
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Serial No.45
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 838 of 2021
Appellant :- Chandresh Patel and another Respondent :- State of U.P. and others
Counsel for Appellant :- Mr. Santosh Kumar Shukla, Advocate Counsel for Respondent :- Mr. Rajeev Singh, Standing Counsel for respondent Nos. 1 to 5
Hon'ble Rajesh Bindal, Chief Justice Hon'ble Piyush Agrawal, J.
C.M. Exemption Application No. 1 of 2021
For the reasons stated in the application, filing of certified copy of the impugned order is exempted.
The application is allowed.
On Appeal
Challenge in the present appeal is to the order dated July 14, 2021 passed by learned Single Judge whereby the writ petition filed by the appellants was dismissed.
The grievance sought to be raised by the appellants was that a road was being constructed through the playground in the school. However, the undisputed fact which has been noticed by learned Single Judge is that before the writ petition was filed, the road had already been constructed.
Considering the aforesaid fact, we do not find any case is made out for interference in the present appeal.
The appeal is, accordingly, dismissed.
Date :- 22.12.2021 AHA/Kuldeep
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
1 issue framed by the court
Whether interference is warranted when the road construction was completed before the writ petition was filed.
Chandresh Patel and another
State of U.P.
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
