Court No. - 39
Case :- WRIT - C No. - 68699 of 2009 Petitioner :- Chandrika Prasad Respondent :- State Of U.P. & Others Counsel for Petitioner :- Abhishek Tripathi,Shrikrishna Shukla Counsel for Respondent :- C.S.C.,Devraj Singh,Sankatha Rai
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
List has been revised.
No one appears for the petitioner.
This is a writ petition of the year 2009. The petitioner is seeking quashing of the order dated 24.10.2009, whereby his representation has been rejected and he has been directed to shut down his new tube-well boring and if he so desires he may dig his own tube-well boring 500 metres away from the tube- well boring of Ramesh Chandra, respondent no.5.
A counter affidavit has been filed in which it has been stated that the plots of the petitioner and the respondent no.5 are adjacent to each other and there is a dispute between the neighbours and further that the second boring was not permissible within 500 metres of the boring of the respondent no.5. The impugned order was passed directing the petitioner to use the boring of the respondent no.5 and to shut down his own boring.
The copy of the counter affidavit was served upon the learned counsel for the petitioner on 2.2.2010. More than 8 years have been elapsed but no rejoinder affidavit has been filed.
On a consideration of the facts as emerging in this writ petition, we do not find any merit in the same and it is, accordingly, dismissed.
Order Date :- 30.11.2018 Ashutosh Pandey