Court No. - 5
Case :- WRIT - C No. - 9712 of 2018 Petitioner :- Lavkush Kesharwani Respondent :- S.D.O. Handia And 3 Others Counsel for Petitioner :- Hari Mohan Srivastava,Neeraj Srivastava Counsel for Respondent :- C.S.C.,Diwakar Singh Hon'ble Pankaj Naqvi,J.
Heard Shri H.M.Srivastava, learned counsel for the petitioner, Shri Diwakar Singh, learned counsel for respondent no.3 and the learned standing counsel.
This writ petition has been filed for executing the final decree passed under Section 176 of U.P.Z.A.&L.R. Act.
A supplementary affidavit has been filed today annexing therewith a copy of the application. It is submitted by learned counsel for the petitioner that even though 15/th share of the petitioner has been demarcated in proceedings under Section 176 of U.P.Z.A&L.R. Act which has attained finality but, till date physical possession thereof has not been delivered to the petitioner.
Learned Standing Counsel states that no useful purpose would be served by keeping this petition pending, same be disposed off by giving appropriate direction to the respondent concerned.
This writ petition is disposed of with the direction that in the event petitioner files a fresh application in accordance with law for ensuring delivery of possession of 1/5th share, same shall be disposed of logically in accordance with law, as expeditiously as possible.
It is made clear that this court has not commented on the merits of the contention of the petitioner.
Order Date :- 27.3.2018 RS