Rahul Gupta and Another v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 40255 of 2023 Petitioner :- Rahul Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subedar Mishra,Shailesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Subedar Mishra, learned counsel for the petitioners and Shri F.A. Ansari, learned Standing Counsel for the State-respondents.

¶2The petitioners have prayed for the following reliefs :- "(i) issue a writ, order or direction in the nature of mandamus restraining the respondents not to dispossess the petitioners from their bhumidhari land of Gata No. 156, area 0.0340 hectare and commercial shop situated in village-Iradat Nagar (Kheragarh), Tehsil-Kheragarh, District-Agra.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the reply/representation of petitioners dated 24.10.2023."

¶3The petitioners claim to be tenant in the property in question and the notice was issued by the PWD for road widening.

¶4Shri F.A. Ansari, learned ACSC raised an objection that the petitioners have not challenged the notice given by the PWD and even though, the objection of the said proceedings are still pending consideration. In the mid of the proceedings, no interference is required.

¶5Considering the facts and circumstances, no useful purpose would be served in keeping the writ petition pending consideration.

¶6With the consent of the counsel for the parties, in case, the objection is not decided by the respondents/competent authority, we hope and trust that the same should be decided expeditiously within ten days form the date of production of certified copy of this order. Suffice to indicate that we have not adverted to the merits of the case.

¶7With the aforesaid direction, the writ petition stands disposed of. Order Date :- 23.11.2023 Rama Kant High Court of Judicature at Allahabad