Court No. - 34
Case :- WRIT - C No. - 5455 of 2006 Petitioner :- Mohammad Sharief Respondent :- State Of U.P. And Others Counsel for Petitioner :- P.K. Singh,S.K. Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Om Prakash-VII,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, we ourselves have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
“i. to issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in performing peaceful prayer by the petitioner which is going to start on 7th February to 10th February 2006 from Imam Chauk to Karbala.
ii. to issue a writ, order or direction in the nature of mandamus commanding the Civil Judge Junior Division Kanpur Nagar it is expedient the proceeding of Execution Case No. 24 of 2005 arising out of suit no. 585 of 2004 Mohammad Sharief Vs. State of U.P. and others.”
3. We ourselves have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 30.10.2018 PS