Court No. - 6
Case :- WRIT - C No. - 39938 of 2019 Petitioner :- Soran Singh Sagar Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Rajneesh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
When this petition initially came up for admission on 05.12.2019, learned Standing Counsel had been directed to obtain instructions by the following order:-
"Learned standing counsel is directed to obtain instructions in the matter as it is alleged that certain constructions have been sanctioned on the plot adjacent to the land of the petitioner being plot no.347.
However, the construction material is stated to have been stored also on the land of the petitioner.
Instructions must be categorically as regards the facts noticed above and must necessarily be available on the next date fixed failing which respondent nos.1 and 2 shall have to appear in person along with their affidavits.
Put up on 17.12.2019 as fresh."
Today on the matter being called out, learned Standing Counsel on the basis of instructions received states that nothing has been done as regards the plot no. 347 and that no construction material had been put thereon.
Learned counsel for the petitioner has submitted that it appears that for testing the soil prior to raising constructions a pit has been dug in plot no. 347.
This assertion is vehemently denied by learned Standing Counsel.
However, looking into the facts and circumstances of the case, this petition is disposed of directing the State-respondents not to store any construction material and or to dig plot no. 347 belonging to the petitioner for soil testing purposes.
Subject to the above, this petition stands disposed of.
Order Date :- 18.12.2019 Mayank