Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4691 of 2018 Petitioner :- Suraj Bhan Singh Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Heard Sri Sandeep Mishra, holding brief of Sri Raj Kumar Vaishya, learned counsel for the petitioner as well as learned Standing Counsel and Sri Diwakar Singh, learned counsel appearing for the respondents.
Present writ petition has been filed with the following prayer:
(i) issue a writ, order or direction in the nature of mandamus, directing & commanding the Respondent Nos. 1 and 2 to get initiate an independent inquiry into the matter disclosing that under which Provisions and whom Authority have entered the name of Private Respondents over a Public Pond as Bhoomidhari i.e. Gata No. 113-B and new Gata No. 97 Ka and 97 Ga, situated at Village Panchayat-Singhwal, Pargana-Athaban, Tehsil- Manjhanpur, District Kaushambi.
(ii) issue a writ, order or direction in the nature of mandamus directing & commanding the Respondents Authority to remove the illegal possession of Private Respondents over the land in question after outcome of the inquiry.
(iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;
(iv) award the costs of the petition to the petitioner."
At the very outset, learned counsel for the petitioner states that he may be permitted to withdraw this writ petition with liberty to file a fresh writ petition as certain facts have been left out to be mentioned in the writ petition.
Learned Standing Counsel and Sri Diwakar Singh, learned counsel appearing for the respondents have no objection.
Prayer aforesaid is granted.
This writ petition is, accordingly, dismissed as withdrawn with liberty aforesaid.
Order Date :- 31.10.2018 p.s.