Court No. - 90
Case :- WRIT - C No. - 42270 of 2019 Petitioner :- Surya Narayan Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State.
The present writ petition has been filed for mandamus directing respondents to comply the order dated 28.8.2017 and hand over the possession to the petitioner.
The counsel for the petitioner submits that in pursuance of the order dated 28.8.2017, no action has been taken for amending the map as well as demarcation of the land in dispute. He further stated on stressing para 11 to the writ petition that gata no. 105 and 106 are original holding of the petitioner in which the respondent authority has demolished the boundary wall and likely to proceed for construction.
For redressal of his grievance, the petitioner has moved an application dated 10.12.2019, which is still pending before respondent no. 2. He submits that the said application may be decided within stipulated time and till then the interest of the petitioner may also be protected.
The learned Standing Counsel has no objection if the application of the petitioner may be decided within stipulated time.
In such circumstances, no fruitful purpose will be served in keeping the writ petition pending before this Court.
Without entering into the controversy involved in the writ petition, the writ petition is disposed of with direction to respondent no. 2 to decide the application of the petitioner dated 10.12.2019, expeditiously, within a period of one month from the date of producing a certified copy of this order before the concerned authority, in accordance with law provided there is no other legal impediment.
For a period of one month or till the decision on the application of the petitioner, whichever is earlier, the status quo as on today, shall be maintained by the parties on the spot.
It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 19.12.2019 Rahul Dwivedi/-