Awadhesh Kumar v. State of U.P. and 3 Others

Court No. - 40 Case :- WRIT - C No. - 29481 of 2023 Petitioner :- Awadhesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- B.K.Singh Raghuvanshi,Akshay Raghuvanshi,Nipun Singh Counsel for Respondent :- C.S.C.,Som Prakash Pandey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Sri Nipun Singh, learned counsel for the petitioner and Sri J.N.Maurya, learned Chief Standing Counsel for the State-respondent.

¶2The present writ petition was preferred alleging therein the land of the temple was illegally encroached upon by the contesting-respondent.

¶3Today when the matter is taken up, Sri Nipun Singh, learned counsel for the petitioner states that cause for filing of the writ petition no more survives as the illegal encroachment has already been removed by the contesting-respondent over the land of the temple.

¶4The said factual aspect is accepted and acknowledged by Sri J.N.Maurya, learned Chief Standing Counsel. He has also placed the detailed instructions sent by the Sub Divisional Magistrate Sadar, Mirzapur dated 4.11.2023 appending therein the statement of contesting-respondent as well as relevant photograph. The same is taken on record.

¶5Learned Chief Standing Counsel states that so far as the grievance of the petitioner, the same is already redressed as the contesting-respondent has removed the illegal encroachment over the site in question and as such, the cause for filing the writ petition no more survives.

¶6In view of the aforesaid facts and circumstances, we are not inclined to proceed further in the matter as the grievance of the petitioner is already redressed. Needless to say, the district administration must ensure that there may not be any further encroachment over the site in question.

¶7Consequently, the writ petition stands disposed of in terms of the aforesaid. Order Date :- 6.11.2023 A.K.Srivastava High Court of Judicature at Allahabad