Idris v. State of U.P. and 2 Others

Court No. - 52 Case :- WRIT - C No. - 30093 of 2023 Petitioner :- Idris Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Bachan Yadav Counsel for Respondent :- CSC,Rameshwar Prasad Shukla Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Ram Bachan Yadav, learned counsel for petitioner and learned Standing counsel for State respondents.

¶2Present petition has been filed seeking following reliefs: "(a) issue a writ, order or direction in the nature of certiorari to quash the impugned undated notice issued by respondent no. 2, which has been served upon the petitioner on 09.08.2023 (contained as annexure no. 8 to this writ petition.

(b) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to take any coercive measure against the petitioner in pursuance of said notice."

¶3At the very outset, learned Standing counsel came up with specific instructions which is taken on record through which it transpired that proceedings bearing case no. T201915510106562 under Section 67(1) of U.P. Revenue Code, 2006 has been initiated against the petitioner wherein eviction order dated 23.09.2019 was passed by Tehsildar, Sadar, District Mau against the petitioner and notice dated 09.08.2023 was also issued. Petitioner filed appeal against the order dated 23.09.2019 before Chief Revenue Officer, Mau wherein order dated 23.09.2019 was quashed and the matter was remanded back to Tehsildar, Sadar, District Mau for deciding afresh. When this fact came into the knowledge of responding authorities, no coercive action has been taken against the petitioner in pursuance to notice dated 09.08.2023 and the case no. T201915510106562 is pending wherein next date fixed for hearing is 01.11.2023 and as such grievance of petitioner has already been redressed and no cause of action further survives for petitioner to pursue the instant petition.

¶4Writ petition stands disposed of. Order Date :- 31.10.2023 Shaswat High Court of Judicature at Allahabad