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Sahu vs District Magistrate, Ambedkar ...

High Court Of Judicature at Allahabad|29 August, 2019

JUDGMENT / ORDER

Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Writ petition was filed to seek a direction on opposite party nos. 1, 2 and 3 to remove encroachment made by opposite party nos. 4 to 6 on the plot of Gata No. 799/511 and for possession.
Prior to filing of this writ petition, possession of the land was given to the petitioner on 09.06.2017. Memo of possession has been filed by the petitioner himself alongwith an application. The signatures of the petitioner exist on the memo of possession.
In view of above, the petitioner was put in possession on the land just prior to filing of the writ petition. The fact aforesaid was not disclosed in the writ petition. It was brought on record by way of supplementary affidavit. In any case, now when the possession has been again given to the petitioner, nothing survives in the writ petition and otherwise if dispute exists between the petitioner and private respondents, the writ petition is not a proper remedy for it.
Accordingly, for all the reasons given above, writ petition is dismissed.
Order Date :- 29.8.2019 A. Verma
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Title

Sahu vs District Magistrate, Ambedkar ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 August, 2019
Judges
  • Munishwar Nath Bhandari
  • Alok Mathur