Petitioner sought writ to stay implementation of an earlier order regarding land dispossession and lease. Court disposed of writ petition relying on a statement in the respondent's counter affidavit.
Writ petition disposed of; no writ, order, or direction issued.
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Court No. - 17
Case :- WRIT - C No. - 3000075 of 2008 Petitioner :- Manvendra Pratap Singh Respondent :- Commissioner Lucknow Division Lucknow Counsel for Petitioner :- M.A.Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Shree Prakash Singh,J.
Heard Sri M.A.Siddiqui, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
The instant writ petition has been filed with following relief:-
"(i) issue a writ, order or direction in the nature of mandamus or any other suitable writ, order or direction, the opposite party no. 1 may kindly be directed and commanded to pass order on the stay application and till passing of the stay order the implementation of the order dated 12.06.2008 excluding the land in question from the khata of the petitioners, dispossession of the petitioners from the land in question and lease of the same be stayed during the pendency of appeal.
(ii) issue a writ, order or direction in the nature of interim mandamus the operation and implementation of the order dated 12.06.2008, passed by the opposite party no. 3 as contained in Annexure No. 2 to this writ petition may kindly be staying during the pendecy of the writ petition. "
Learned counsel for the petitioner submits that order was passed by the prescribed authority which was challenged by the present petitioner before the appellate court. He submits that during the pendency of the appeal the State authorities were started to make compliance of the order passed by the prescribed authority. He submits that with the aforesaid grievance the instant writ petition was filed.
Countering the aforesaid learned Standing Counsel has drawn attention towards para 12 of the counter affidavit and submits that appeal was filed by the petitioner within the prescribed period of time and C.L.H.-6 has not been issued by the prescribed authority till date of filing of the counter affidavit therefore, the petitioner is not being effected any way.
The writ petition is disposed of in the light of the statement made in para 12 of the counter affidavit.
Order Date :- 19.5.2022 Ujjawal
Digitally signed by UJJAWAL PARJAPATI Date: 2022.05.19 18:33:06 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Manvendra Pratap Singh
Commissioner Lucknow Division Lucknow
Shree Prakash Singh
As recorded by the court registry
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