Petitioner sought mandamus to prevent misuse of parks and greenbelts in Lucknow and to maintain specific stadium for playgrounds only. Court found no cause of action upon respondents' statement and dismissed petition as infructuous.
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Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3695 of 2006
Petitioner :- Gomti Nagar Jan Kalyan Maha Samiti Lucknow Respondent :- State Of U.P.Through Secy Nagar Vikas And 7 Ors. Counsel for Petitioner :- B.K.Singh Counsel for Respondent :- C.S.C,N.C.Mehrotra,Sanjeev Singh,Shailendra Singh Chauhan,Upendra Nath Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri B.K. Singh, learned counsel for the petitioner, Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for State-respondent nos.1 to 4, and Shri Ratnesh Chandra, learned counsel for LDA and Shri Namit Sharma, learned counsel for Nagar Nigam.
This writ petition has been filed by the petitioner with the following prayers:- "I. Issue the writ, order or direction in the nature of mandamus commanding the respondents not to misuse any park, playground, open space and greenbelt situated in the City
II. Issue the writ, order or direction in the nature of mandamus commanding the respondent No.8 to pay damages of Rs.5 lacs for development and maintenance of the park for its original shape.
III. Issue the writ, order or direction in the nature of mandamus commanding the respondents 2, 3, 4, 5 and 6 not to allow any person to use the mini- stadium Vinay Khand Il for any other purposes except for the playground in future
IV. Issue writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 7 to maintain the mini-stadium playground, Vinay Khand III for the purpose of playground only."
Learned Counsel for the respondents states that in pursuance of the prayers made in the instant writ petition, no cause of action further survives, hence, the petition has rendered infructuous.
In view of the statement made by learned counsel for the respondents, the instant writ petition is, accordingly, dismissed as infructuous .
(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)
Order Date :- 30.1.2023 Arnima
Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench
Gomti Nagar Jan Kalyan Maha Samiti Lucknow
State Of U.P.Through Secy Nagar Vikas And 7 Ors
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
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