Petitioner sought removal of illegal encroachment over a public road. A bench of the High Court at Lucknow Bench dismissed the writ petition as infructuous following the respondents' submission that the encroachment had already been removed.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:83314
Court No. - 19
Case :- WRIT - C No. - 8767 of 2023
Petitioner :- Hariram
Respondent :- State Of U.P. Thru. Secy. Public Works Deptt. Civil Secrt. Lko. And 10 Others
Counsel for Petitioner :- Sandeep Kumar Yadav,Jeevan Kumar Yadav
Counsel for Respondent :- C.S.C.,Anshuman Pandey,Dilip Kumar Pandey
Hon'ble Jaspreet Singh,J.
The instant petition has been preferred seeking the following reliefs which reads as under:-
"I. Issue writ, order or direction in the nature of Mandamus to direct the respondent no. 1 to 4 to remove the illegal encroachment being done by the private respondents over the gata no. 3731 situated at VillageMirpurKanta, Pure ShitalDubey, Pargana-Manglasi, Tehsil Sohwal, District Ayodhya, which is public road, in the interest of justice."
The record indicates that notices were issued, however, as per the office dated 28.11.2023, the learned counsel for the petitioner did not take steps, nevertheless, the counter affidavit has been filed by the learned counsel for the respondents.
Today, Sri Dilip Kumar Pandey, learned counsel appearing for the private respondents has submitted that the prayer which has been made by the petitioner has already been rendered infructuous for the reasons that the encroachment said to have been existing has been removed.
The learned Standing Counsel has also provided a copy of the written instructions dated 18.12.2023 wherein it has been stated that in pursuance of the notice which was issued to the petitioner, the alleged encroachments have been removed and the same is taken on record.
Since the prayer has now become infructuous, accordingly, the writ petition shall stand dismissed as infructuous .
Order Date :- 18.12.2023 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Hariram
State Of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
