Court No. - 38
Case :- WRIT - C No. - 38205 of 2018 Petitioner :- Sartaz Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Akhilesh Kumar, learned counsel for the petitioner and the learned Standing Counsel for the State.
By means of this writ petition, the petitioner has come to this Court with a grievance that his dilapidated building be demolished. At the same time, learned counsel for the petitioner submits that there is one person residing in that building and his application under Section 133 Cr.P.C. is not being considered.
It is to be noted that when the petitioner gets the premises vacated or gets the person living there evicted, no order can be passed by this Court. However, in case the petitioner makes an application after eviction of person, who is residing in that building, his application under Section 133 Cr.P.C. be considered and decided.
With the aforesaid observation, the writ petition is finally
disposed of.
Order Date :- 30.11.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)