Court No. - 42
Case :- WRIT - C No. - 15476 of 2021 Petitioner :- Mohammad Harun And Another Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Tapeshwari Prasad Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondents and Sri Azad Rai, learned counsel for the gaon sabha and perused the record.
Present petition has been filed with the following prayers:
"(i) issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to decide the application, under Order 39 Rule 2A of CPC forthwith within stipulated period so fixed by this Hon'ble Court.
(ii) issue a writ order or direction in the nature of mandamus directing the state respondents to assure the strictly compliance of the interim order dated 13.3.2020 passed by the respondent no. 2.
(iii) issue a writ order or direction in the nature of mandamus directing the state respondents to restrain the private respondents not to raise any construction over the land plots in dispute in pursuance of interim order."
It is submitted that despite the interim injunction, construction is being raised. Attention was drawn to the photographs annexed with this petition. It is prayed that the application of the petitioner under Order 39 Rule 2A CPC be directed to decided at the earliest.
In the facts and circumstances of the case, present petition stands disposed of with a direction to the respondent no. 2 to take up the aforesaid application for appropriate orders, preferably within a period of ten days from the date of production of a self-attested copy of this order and proceed thereafter on the said application by passing appropriate orders and/or by taking appropriate action.
No order as to costs.
Order Date :- 27.7.2021 Abhishek