Petitioner challenged removal of alleged illegal constructions via writ petition; Court dismissed petition as having become infructuous due to subsequent enforcement actions by State respondents on the record.
Writ petition dismissed as infructuous on account of consequential exercise undertaken by state-respondents.
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Court No. - 38
Case :- WRIT - C No. - 24291 of 2021
Petitioner :- Afzal Ali Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Anand Kumar Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Laxmipati Tripathi, Advocate holding brief of Mr. Rajiv Kumar Mishra, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 3 and Mr. Sunil Kumar Singh, learned counsel representing respondent-7, Land Management Committee.
Instructions received by learned Standing Counsel have been placed before Court which are taken on record.
Present writ petition has been filed for a writ of mandamus commanding respondents to remove illegal construction made by respondents-4 to 6 on survey plot (Khasra) no.1211 situate in village Athsaini, Pargana and Tehsil Garhmukteshwar, District Hapur.
Present writ petition came up for admission on 27.09.2021 and this Court passed following order:-
"Heard learned counsel for the petitioner as well as learned Standing counsel appearing for the State respondents and Sunil Kumar Singh, learned counsel has accepted notice for gaon sabha.
It is submitted that the order dated 23.3.2021 has become final as per the knowledge of the petitioner as the same has not been complied with by the affected party and therefore the same is liable to be complied with.
Learned Standing Counsel may seek instructions in the matter and specifically state that in case the said order has become final why the encroachment has not been removed and what is the legal impediment in not carrying out the said order.
Put up this case on 26.10.2021 as a fresh one."
Pursuant to order dated 27.09.2021, learned Standing Counsel has received instructions. Learned Standing Counsel submits that order dated 23.03.2021 passed by Tehsildar, Tehsil Garhmukteshwar, District Hapur in Case No.293 of 2019 (Land Management Committee Vs. Wahid, Khalid, Abid) under Section 67 of L.R. Act, 2006 has already been given effect to on
the spot.
When confronted with above, learned counsel for petitioner could not overcome the same.
Having heard learned counsel for petitioner, learned Standing Counsel and Mr. Sunil Kumar Singh, learned counsel representing respondent-7 and upon perusal of record, this Court is of the view that present writ petition has rendered infructuous on account of consequential exercise undertaken by state-respondents.
In view of above, present writ petition is dismissed as having rendered infructuous.
Order Date :- 26.10.2021 Saif
Afzal Ali
State Of U.P.
Rajeev Misra
As recorded by the court registry
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