Court No. - 34
Case :- WRIT - C No. - 44809 of 2005 Petitioner :- Shrimat Sudhindra Thirtha Sri Swami Mathadipati Kashimath Respondent :- Union Of India Thru Ministry Railways And Others Counsel for Petitioner :- Arun Kumar Gupta Counsel for Respondent :- Govind Saran,S.C.,S.K. Srivastava,Vivek Singh
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) To issue a writ, order or direction in the nature of writ of mandamus staying the operation of the impugned notice dated 28.02.2005 issued by Section Engineers Works, North Eastern Railway Allahabad-respondent no. 3 (Annexure-15 to this writ petition) during the pendency of the present writ petition.
(ii) To issue a writ, order or direction in the nature of writ of mandamus commanding the respondent not to disturb the peaceful possession of the petitioner and, further direct not to demolish and evict the petitioner form the building in question as well as its old temple.
(iii) To issue a writ, order or direction in the nature of writ of certiorari quashing the impugned notice dated 28.02.2005 (Annexure XV to this writ petition).
(iv) To issue a writ, order or direction in the nature of writ of prohibition restraining the respondents from in any manner interfering with the petitioner possession of the property pursuant to the notice dated 28.02.2005.”
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 PS