Court No. - 29
Case :- WRIT - C No. - 18773 of 2019 Petitioner :- Pramila Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Lok Nath Shukla,Shahabuddin Counsel for Respondent :- C.S.C.,Brijesh Ojha
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Brijesh Ojha who has appeared for respondent No.3.
The petitioner purchased a plot of land measuring 230 square yards of Khasra plot No. 52/2 Gata No. 456 situate in village Dundahera (Loni), Pargana and District Ghaziabad vide registered sale deed dated 17.11.2014.
Out of the aforesaid land, the petitioner transferred 86 square yards to one Furkan Tausheeff and thus the petitioner was left with only 144 square yards of land.
The contention of the petitioner is that the Nagar Nigam, Ghaziabad is illegally trying to demolish his constructions existing on the aforesaid 144 square yards of land.
Learned counsel for Nagar Nigam submits that the petitioner has encroached upon the public land and only the encroachment part is being sought to be demolished and that no part of the constructions of the petitioner, if any, existing on 144 square yards of land as aforesaid would be touched.
In view of the aforesaid statement, as the Nagar Nigam is not demolishing any part of the constructions of the petitioner which exist on 144 square yards of land of plot No. 52/2 Gata No. 456, we are of the opinion that no cause of action survives in this petition to be adjudicated upon and it, accordingly, stands disposed off on the aforesaid statement of counsel for Nagar Nigam, Ghaziabad.
Order Date :- 29.5.2019 Nirmal