Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 81 of 2019 Petitioner :- Abhishek Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Sri B.P. Singh, learned Standing Counsel appearing for the respondents no. 1 to 4 and Sri T.M. Khan, learned counsel appearing for the respondent no. 5.
Present writ petition has been filed seeking a direction to the respondents no. 2 to 5 to remove the illegal encroachment of respondent no. 6 to 12 from Arazi no. 41 area 0.0280 Hectare and Arazi no. 42Ka area 0.2710 Hectare of public pond situated in Village Barawa Khurd (Shahjahanpur), Tehsil Hata, District Kushinagar within a stipulated period.
In view of the fact that the present Public Interest Litigation is not supported by the affidavit of the petitioner, learned counsel for the petitioner prays that this writ petition may be dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition for the same cause of action.
Prayer aforesaid is granted.
This writ petition is, accordingly, dismissed as withdrawn with liberty aforesaid.
Order Date :- 21.1.2019 p.s.