Kanhaiya Lal Maurya v. State of U.P. and 6 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2526 of 2023 Petitioner :- Kanhaiya Lal Maurya Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- CSC,Azad Rai Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Rakesh Kumar Yadav, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha and learned Standing Counsel for the State respondents.

¶2The present petition has been filed seeking the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to remove the illegal encroachment made by private respondent No.5 to 7 over Plot No. 794 area 0.024 hectare, situated in village Gauraiya Deeh, Pargana-Mungra, Tehsil Machhalishahar, District Jaunpur.

(ii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(iii). Award the cost of this writ petition in favour of the petitioner"

¶3Today when the matter has been taken up, learned Standing Counsel came up with the specific instructions which is taken on record through which it has been transpired that demarcation proceedings of Plot No. 794 area 0.024 hectare has done in presence of Gram Pradhan and local villagers, whereupon it was found that the aforesaid plot was vacant.

¶4The grievance of the petitioner has already been redressed in pursuance to the prayer as made in the instant petition and as such, there is hardly any cause of action arises in favour of the petitioner to pursue the instant petition.

¶5Accordingly, the present petition stands disposed of. Order Date :- 22.11.2023 A. Tripathi High Court of Judicature at Allahabad