Court No. - 9
Case :- WRIT - C No. - 25162 of 2019 Petitioner :- Dharmendra Sharma And 3 Others Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Vishal Khandelwal Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava,Shyam Mani Shukla,Vivek Kumar Rai
Hon'ble Prakash Padia,J.
Heard Sri Vishal Khandelwal, learned counsel for the petitioners, learned Standing Counsel for the respondents no. 1 to 3 and Sri Vivek Kumar Rai, learned counsel for the respondent no.11.
The petitioners have preferred the present writ petition with the following prayers :-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2-Additional Commissioner (Judicial) Agra Division, Agra, to expeditiously decide the stay application dated 7.6.2019 of the petitioner filed along with the appeal u/s 207 of U.P. Revenue Code, 2006, 'Dharmendra Sharma & Others vs. Smt. Bhuri Devi & Others, arised out of order dated 27.5.2019 passed by the Sub Divisional Officer, Tehsil Etmadpur, District -Agra in case no.3183/2017 u/s 24 of U.P. Revenue Code, 2006.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to raise construction over the disputed land which comprises of khata no.122 khasra no.247-M measuring 0.7830 hectare; plot no.248 measuring 0.104 hectare; plot no.249 measuring 0.150 hectare & plot no.250 measuring 0.104 hectare, situated in village Kuberpur, Tehsil-Etmadpur, District Agra."
Today when the matter was taken up, instructions received by the learned Standing Counsel was placed before this Court, which is taken on record.
Facts in brief as contained in the writ petition are that order dated 6.8.2019 passed by Additional Commissioner (Judicial), Agra Division, Agra in Case No. C1163/19 between Dharmendra Sharma and others Vs. Smt. Bhuri Devi and others filed under Section 207 of U.P. Revenue Code, 2006. By the aforesaid order the appeal filed by the petitioner was admitted but the said application filed by the petitioner was rejected.
It is contended by Sri Vishal Khandelwal, learned counsel for the petitioners that in view of the settled law as has been held by the Supreme Court once the appeal has been admitted, the authorities are duty bound to grant an interim order also in the appeal. Since the order dated 6.8.2019 is not under challenge before this Court, no relief could be granted to the petitioners in so far as the present writ petition is concerned.
At this point of time, it is prayed by Sri Vishal Khandelwal, learned counsel for the petitioners that this writ petition be dismissed as having become infructuous with liberty to the petitioner to challenge the order dated 6.8.2019 passed by Additional Commissioner (Judicial), Agra Division, Agra by filing an appropriate petition.
The prayer made by Sri Vishal Khandelwal, learned counsel for the petitioners was not opposed by learned Standing Counsel.
In view of the same, present writ petition is dismissed as having become infructuous with liberty as prayed.
Order Date :- 26.8.2019 Pramod Tripathi