Court No. - 34
Case :- WRIT - C No. - 32589 of 2006 Petitioner :- Rajendra Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- K.K. Tripathi Counsel for Respondent :- C.S.C.,Ramesh Upadhyaya
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) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioner from the surplus declared land area of Khata No. 243, Plot No. 100, 353, 356, 357, 31, 86, 87, 348, 352, 347, 391, 392, 393, 342, 28, 30, 89, 34, 87, 33, 90, 85 Total Area 34,973.21 Sq. Metres, situated in Village Jugaipur Gangapur District Kanpur Nagar. In pursuance of the new ordinance No. 5 of 1999 known as Urban Land (Ceiling & Regulations), Act, 1999.
(ii) Issue a writ of mandamus commanding the respondents for not demolishing the house of the petitioner situated of Khata No. 243, Plot No. 100, 353, 356, 357, 31, 86, 87, 348, 352, 347, 391, 392, 393, 342, 28, 30, 89, 34, 87, 33, 90, 85 Total Area 34,973.21 Sq. Metres, situated in Village Jugaipur Gangapur District Kanpur Nagar.
(iii) Issue a direction may also be given to the respondents to expunge the name of the Urban Ceiling from the Khatauni and record the name of the petitioner in Khatauni of current year."
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 Siddhant Sahu