Court No. - 18
Case :- WRIT - C No. - 14699 of 2018 Petitioner :- Shivdutt Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Atul Kumar Pandey,Ramdeo Pathak Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ramdeo Pathak, learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondents and Shri M.N. Singh, Advocate appearing for fifth respondent.
Petitioner is before this Court with the request to command the first set of respondents to ensure the eviction of second set of respondents from the land bearing Gata no.315 measuring its area 0.5060 hectare, Gate no.228-M measuring its area 0.4930 hectare, Gata no.70-M measuring its area 0.760 hectare, Gata no.116M measuring its area 0.390 hectare, Gata no.307 measuring its area 0.1010 hectare, Gata no.406M measuring its area 0.6930 hectare, Gata no.308M measuring its area 0.680 hectare situated at village Muthiyani, Pargana and Tehsil Dadri, District Gautam Budh Nagar forthwith.
At the very outset, Shri Anurag Srivastava, learned Standing Counsel, on the basis of averment contained in paragraph 10 to 13 of the writ petition contends that the proceeding against the private respondent under Section 198 (4) of UPZA&LR Act 1950 has already been finalized and as such the grievance of the petitioner is moreover redressed and as such, there is no reason or occasion to approach to this Court for the aforementioned relief.
Once the proceeding under Section 198(4) of UPZA&LR Act 1950 has already been finalized and agricultural lease in respect of second set of respondents has been cancelled and even there is no averment in the writ petition as to whether the aforesaid order has ever been assailed by the second set of respondent or not and in bereft of such information no reprieve can be extended to the petitioner and as such, this Court is of the considered opinion that no interference is required in the said proceeding.
Writ Petition sans merit and the same is accordingly dismissed.
Order Date :- 24.4.2018 A. Pandey