Akash Rajbhar v. State of U.P. and 5 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2405 of 2023 Petitioner :- Akash Rajbhar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Girish Chandra Maurya,Om Prakash Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Girish Chandra Maurya, learned counsel for the petitioner and Sri Tarun Gaur, learned Standing counsel appearing on behalf of respondent nos. 1 to 3 as well as Sri Rameshwar Prasad Shukla, learned counsel for respondent no. 4.

¶2Present petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents to remove the illegal encroachment made over the public utility land bearing gata no.501, situated at Village Kalepur, Tehsil Martinganj, District Azamgarh.

¶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 the illegal encroachment carried out over the said land, has been removed and now the same is 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.

¶6However, it is made clear that disposal of the instant petition shall not create any impediment to the responding authorities to remove any new encroachment carried over the said land and from initiating proceedings under Section 67 of U.P. Revenue Code, 2006. Order Date :- 23.11.2023 Vivek Kr. High Court of Judicature at Allahabad