A PIL petition seeking restoration of specific land plots as water bodies and correction of the village map was dismissed as infructuous. The Court accepted the argument that the relief had already been granted and the issue resolved.
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Court No. - 19
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 312 of 2022
Petitioner :- Suryabhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anup Kumar,Ram Krishna Counsel for Respondent :- C.S.C.,Azad Rai,Jagat Narayan Mishra
Hon'ble Prakash Padia,J.
Rejoinder affidavit in response to the counter affidavit filed by the respondent nos. 4 and 5, has been filed today in the Court, the same is taken on record.
The petitioner has preferred the present public interest litigation with the following prayer:-
"a) Issue a writ, order or direction in the nature of mandamus to commanding the respondent nos. 2 and 3 to restore plot nos. 686,699,697 to 1204 as "Talab", "Jheel" and "Chak Marg" on the spot in village Rara, Pargana, Tehsil and District Fatehpur.
b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 to correct the village map of village Rara, Pargana, Tehsil and District Fatehpur."
Today when the matter is taken up, it is very fairly argued by the counsel for the petitioner that the relief sought by the petitioner in the present public interest litigation has already been granted, matter is resolved and encroachment has already been removed, hence the petitioner does not want to press the present petition.
Accordingly the present petition is dismissed as having become infructuous.
Order Date :- 16.8.2022 Swati
Digitally signed by SWATI PATHAK Date: 2022.08.18 15:33:53 IST Reason: Location: High Court of Judicature at Allahabad
Suryabhan
State Of U.P.
Prakash Padia
As recorded by the court registry
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