Court No. - 21
Case :- WRIT - C No. - 34374 of 2016 Petitioner :- U.P. Jal Nigam Allahabad And Another Respondent :- Additional City Magistrate -Ii And 7 Others Counsel for Petitioner :- Vinod Kumar Singh,Sanjeev Kumar Pandey,Tahira Kazmi,Vimlesh Kumar Rai Counsel for Respondent :- C.S.C.,R.K. Ojha,Rakesh Pande,Shailesh Upadhyay,Zafar Imam Naqvi
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the parties.
Present writ petition has been preferred assailing the validity of the order dated 19.7.2016 passed by Addl. City Magistrate (2nd), Allahabad by which the petitioners have been directed to vacate the plot no.440-M situated in Mohalla- Rajapur Dehmafi, Tehsil Sadar, Distt. Allahabad to the extent of an area of 220 sq. mtr. within two days and for a direction to the respondents not to interfere in peaceful possession of the petitioners over the aforesaid land in question.
On the matter being taken up on 27.7.2016, the Court has proceeded to accord status quo order qua property in dispute.
In the present matter the State has come up with counter affidavit taking categorical stand that the impugned order/notice has itself been withdrawn by order dated 26.11.2019 and as such the writ petition has become infructuous.
The Court has proceeded to examine the record in question and find that once the order impugned itself does not exist, there is no reason or occasion to adjudicate the matter. However, it is always open to the parties to claim stake over the property in dispute before the appropriate forum.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.1.2021 SP/