Hariram v. State of U.P. Thru. Secy. Public Works Deptt. Civil Secrt. Lko. and 10 Others

Court No. - 19 Case :- WRIT - C No. - 8767 of 2023 Petitioner :- Hariram Respondent :- State Of U.P. Thru. Secy. Public Works Deptt. Civil Secrt. Lko. And 10 Others Counsel for Petitioner :- Sandeep Kumar Yadav,Jeevan Kumar Yadav Counsel for Respondent :- C.S.C.,Anshuman Pandey,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. The instant petition has been preferred seeking the following reliefs which reads as under:- "I. Issue writ, order or direction in the nature of Mandamus to direct the respondent no. 1 to 4 to remove the illegal encroachment being done by the private respondents over the gata no. 3731 situated at Village-MirpurKanta, Pure ShitalDubey, Pargana-Manglasi, Tehsil Sohwal, District Ayodhya, which is public road, in the interest of justice." The record indicates that notices were issued, however, as per the office dated 28.11.2023, the learned counsel for the petitioner did not take steps, nevertheless, the counter affidavit has been filed by the learned counsel for the respondents. Today, Sri Dilip Kumar Pandey, learned counsel appearing for the private respondents has submitted that the prayer which has been made by the petitioner has already been rendered infructuous for the reasons that the encroachment said to have been existing has been removed. The learned Standing Counsel has also provided a copy of the written instructions dated 18.12.2023 wherein it has been stated that in pursuance of the notice which was issued to the petitioner, the alleged encroachments have been removed and the same is taken on record. Since the prayer has now become infructuous, accordingly, the writ petition shall stand dismissed as infructuous. Order Date :- 18.12.2023 Asheesh High Court of Judicature at Allahabad, Lucknow Bench