Hon'ble Saurabh Lavania,J.
Heard Sri Abhay Raj Singh, learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 and 2 and Sri J.N. Mathur, learned Senior Counsel assisted by Sri Akash Prasad, learned counsel for the respondent nos. 3 and 4.
The present writ petition has been filed for the following main relief:-
"A writ, order or direction in the nature of mandamus commanding to stop/restrain the opposite party 4, from erecting a telecom tower on plot no.151, State Bank Colony, Bachhra Sultan Pur, Nagar Kotwali, Ayodhya, belonging to the opposite party no.3, which is situated in residential colony, wherein all the petitioners reside along with their family."
With the consent of the parties, the writ petition is disposed of at the admission stage.
Learned counsel for the petitioners submitted the issue involved in the present writ petition is squarely covered by the order dated 01.07.2019, passed by the Division Bench of this Court in the Writ Petition No. 16543 (M/B) of 2019 (Birendra Kumar Yadav & Ors. v. State Of U.P. Thru. Prin. Secy. Home Lucknow & Ors.). As such, learned counsel for the petitioners requested that the present writ petition may also be disposed of in terms of the order dated 01.07.2019.
The order dated 01.07.2019, passed by the Division Bench of this Court in the case of Birendra Kumar Yadav (supra) reads as under:-
"Heard Sri Abhay Raj Singh, learned counsel for the petitioners, Sri Manish Mishra, learned Standing Counsel for the respondent nos. 1 to 4 and Sri J.N. Mathur, learned Senior Counsel assisted by Sri Akash Prasad, Advocate, for the respondent no. 6.
On the matter being taken up today, Sri Mathur, learned Senior Counsel, appearing for the respondent no. 6 has submitted that the issue raised in the present writ petition is squarely covered by a Division Bench judgment of this Court passed in the case of Smt. Asha Mishra Vs. State of U.P. and Others (PIL No. 48084 of 2015] and, as such, present writ petition be also disposed of on the same terms and conditions as provided by this Court in the case of Smt. Asha Mishra (Supra).
On due consideration of the aforesaid so also the order dated 25.5.2018 passed by this Court in PIL (Civil) No. 15618 of 2018 (Noid Ahmad and another Vs. Union of India through Ministry of Telecommunications & Others), we dispose of the present writ petition in terms of the directions which were issued in the case of Smt Asha Mishra (supra) leaving it open to the petitioner to pursue his complaint in accordance with law."
The aforesaid is not disputed by the side opposite.
For the foregoing reasons, the present writ petition is disposed of in terms of the order dated 01.07.2019, passed by the Division Bench of this Court in the case of Birendra Kumar Yadav (supra).
Order Date :- 20.12.2019 Arun/-