Irfan Ali v. State of U.P. and 13 Others

Court No. - 52 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2725 of 2023 Petitioner :- Irfan Ali Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Ramesh Kumar Mishra Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Ramesh Kumar Mishra, learned counsel for petitioner and Sri Satyendra Bhushan Dubey, learned Standing Counsel appearing on behalf of respondent nos. 1 to 4 as well as Sri Arun Kumar Pandey, learned counsel for respondent no. 5.

¶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.462, situated at Village Islamnagar Rampura, Tehsil Sadar, District Moradabad.

¶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 a case bearing Original Suit No.889 of 2021 (Raseed Vs. Gram Sabha) with regard to aforesaid gata no.462 is pending before learned Civil Judge (J.D.), Moradabad and as such, no action can be taken by the responding authority with regard to removal of illegal encroachment.

¶4In view thereof, 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 :- 16.12.2023 Vivek Kr. High Court of Judicature at Allahabad