Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4697 of 2018 Petitioner :- Devendra Kumar Kaushik Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Lalit Kumar Shukla Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard Sri Ashish Kumar Srivastava alongwith Sri Lalit Kumar Shukla, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1 to 5 and Sri Ashish Kumar Srivastava, learned counsel appearing for the respondent no. 6 Gaon Sabha.
Present writ petition has been filed with the following prayer:
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 3 to make enquiry against the Consolidation Lekhpal, Consolidation Officer and other private persons, who have grabbed the land of Gram Sabha and got recorded their names over the land in question with the collusion of consolidation authorities in the revenue record of Gaon Sabha land over Khasara No. 316/1 area 2.953 hectare and to record the name of Gaon Sabha Daghaita, Tehsil Mahavan, District Mathura in the revenue record.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to decide the representation made by the petitioner at an early date, in accordance with law.
(c) Issue any other writ, order or direction in favour of the petitioner, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(d) Award the costs of petition in favour of the petitioner."
On perusal of record, I find that on a complaint made by one Devi son of Kanhaiya Lal has been annexed as Annexure-7 to the writ petition. He was also issued notice to appear in person for the purpose of enquiry in the matter vide letter dated 24.10.2016. There is no service of any of the representations moved by the petitioner annexed alongwith the present writ petition. The result of the enquiry conducted on the complaint of Sri Devi son of Kanhaiya Lal is not known.
At this stage, learned counsel for the petitioner submitted that he may be permitted to withdraw this writ petition so as to enable him to verify the status of the enquiry conducted .
Present writ petition stands dismissed as withdrawn at this stage. No order as to costs.
Order Date :- 31.10.2018 p.s.