Court No. - 18
Case :- WRIT - C No. - 19875 of 2018 Petitioner :- Rakesh Kumar Dwivedi Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Prashant Shukla, learned counsel for the petitioner and Shri Pankaj Rai, learned Additional Chief Standing Counsel for the respondent nos.1 to 4.
Notice need not be issued to the private respondents no.5 & 15 in view of the order proposed to be passed.
The petitioner is before this Court with request to direction to the respondents not to interfere in his peaceful possession over the land in dispute and to decide his application dated 3.10.2017 under Section 67 of U.P. Revenue Code, 2006 wherein allegations have been made that the private respondents are encroaching the pond in question.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.3, Sub Divisional Magistrate, Soraon, District Allahabad to decide the aforesaid application strictly in accordance with law, after giving opportunity of hearing to the private respondents within a period of four months from the date of production of a certified copy of this order before him.
Order Date :- 29.5.2018 RKP