Court No. - 9
Case :- WRIT - C No. - 10960 of 2019 Petitioner :- Hidaytullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kishore Mani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following amongst other relief:-
"(I) Issue a writ order or direction in the nature of mandamus commanding to respondent No. 2 ensure the compliance of order dated 21.02.2019 passed by Sub Divisional Magistrate/Deputy District Magistrate Tehsil Khadda. District Kushinagar and removed to the illegal encroachment from land of the petitioner."
It is stated that in a suit under Section 132 of the U.P. Zamindari Abolition and Land Reforms Act for ejectment, a judgment was passed by the trial court, S.D.M. in favour of the petitioner. The writ petition was filed seeking implementation of the said order.
During the pendency of this writ petition, it is submitted that on a restoration application filed by the respondent, the order passed in favour of the petitioner has been stayed.
Under the circumstances, the writ petition has been rendered infructuous because the order in favour of the petitioner having been stayed, the same cannot be implemented.
The writ petition is therefore, dismissed as infructuous.
Order Date :- 30.4.2019 Mayank