Sushil Goswami v. State of U.P. and 17 Others

Court No. - 40 Case :- WRIT - C No. - 35182 of 2023 Petitioner :- Sushil Goswami Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Mahesh Narain Singh,M.N. Singh Counsel for Respondent :- C.S.C Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner and Sri F.A. Ansari, learned Additional Chief Standing Counsel for the State respondents.

¶2By means of present writ petition the petitioner has prayed for quashing the order dated 03.10.2023 passed by Additional City Magistrate, Civil Lines, Meerut by which permission was accorded to hold Ram Leela on the disputed site.

¶3Sri F.A. Ansari, learned Additional Chief Standing Counsel raised an objection regarding maintainability of the writ petition on the ground that Ram Leela has already been held on the disputed site, therefore, cause of action no more survives and the disputed fact cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

¶4After substantial arguments, once the Court has declined to entertain the writ petition, Sri M.N. Singh, learned counsel for the petitioner fairly states that he is not inclined to press this writ petition at this stage and the same may be dismissed as not pressed. However, leave may be accorded to the petitioner to agitate the grievance at the appropriate stage.

¶5With the aforesaid leave, the writ petition stands disposed of. Order Date :- 31.10.2023 S.P. High Court of Judicature at Allahabad