Prabhawati Devi v. State of U.P. and 4 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2609 of 2023 Petitioner :- Prabhawati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Manoj Kumar Pandey, learned counsel for the petitioner and Sri Dhananjay Singh, 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 plot no.1054 (old no.677/678), situated at Village Sethwal (Rani Ki Sarai), Tehsil Sadar, 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 from plot no.677/2M, a new plot bearing plot no.1054 area 0.110 hectare has been made and the same is recorded against the name of Smt. Lilawati as bhumidhar with transferable rights. From plot no.678, a new plot bearing plot no.1057 area 0.420 hectare has been made which is recorded in revenue record as pond and the same is available in its form and no encroachment has been carried out over the same.

¶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 :- 6.12.2023 Vivek Kr. High Court of Judicature at Allahabad