Court No. - 6
Case :- WRIT - C No. - 29942 of 2021 Petitioner :- Om Prakash Mishra Respondent :- State Of Uttar Pradesh Through Principal Secretary Pwd Counsel for Petitioner :- Man Mohan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Man Mohan Mishra, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.
The present writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"A. Issue a necessary writ, order or direction to respondent no.2 to refrain from any encroachment over the agricultural land of the petitioner bearing KhasraNo.408, 405 and 172 located in the Village Piyaripur and Khasra no.389 located in the Village of Hardipru."
Learned Counsel for the petitioner submits that the respondent no.2, Public Works Department is encroaching upon the agriculture land of the petitioner bearing Khasra No.408, 405 and 172 located in the Village Piyaripur and Khasra No.389 located in Village Hardipur for the purpose of construction of road and as such a direction be issued to the concerned authorities not to encroach upon the land of the petitioner.
Learned Standing Counsel on the basis of the instructions received submits that for construction of road in Village Piyaripur Muslim basti the land of the petitioner has not been encroached by the respondent no.2 as alleged in the writ petition and the land of the petitioner is far away from the road over which the construction is going on.
Learned Counsel for the petitioner has not disputed the said instructions and submits that under these circumstances he does not want to press this writ petition.
Accordingly, the writ petition is dismissed as not pressed.
Order Date :- 20.12.2021 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.12.21 15:38:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad