Held the writ petition dismissed as infructuous and original suit decided on merit as petitioner absent in revised call and standing counsel present for State respondents.
Discontinued conditional stay order of 6.8.2004 and dismissed the writ petition as infructuous.
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Court No. - 30
Case :- WRIT - C No. - 30845 of 2004
Petitioner :- Ved Prakash And Others Respondent :- Ist A.D.J. And Others Counsel for Petitioner :- K. Ajit
Hon'ble Umesh Chandra Sharma,J.
None appears for the petitioner even in revised call. However, Shri Satish Mohan Tiwari, learned Standing Counsel, is present for the State-respondents.
By the present writ petition, the order of Civil Court has been challenged. Therefore, the petition should have been filed exclusively under Article 227 of the Constitution of India instead of Article 226 & 227 of the Constitution. Neither any such amendment application has been filed nor is any one present to press the petition.
On 6.8.2004 a conditional stay order was passed by this Court, that if the petitioners are in actual physical and cultivatory possession over the land in dispute, they shall not be dispossessed during the pendency of the writ petition. It appears that by efflux of time the petition has become infructuous and the original suit would have been decided on merit. That is why none has appeared to press the petition.
In view of the above, the present petition is dismissed as infructuous.
Interim order 6.8.2004 stands vacated.
Let a copy of this order be sent to the District Judge concerned for compliance and necessary action.
Order Date :- 7.12.2022
S.Verma
Digitally signed by SANDEEP KUMAR VERMA Date: 2022.12.09 15:29:00 IST Reason: Location: High Court of Judicature at Allahabad
Ved Prakash And Others
Ist A.D.J. And Others
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
