Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1714 of 2020 Petitioner :- Usman Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
List revised. No one is present for the petitioner. Learned Standing Counsel for respondent nos. 1, 2 & 3 is present. Since last three dates present writ petition is being adjourned due to absence of the counsel for the petitioner.
Present writ petition has been preferred in the nature of Public Interest Litigation(PIL) for the following relief:-
"(i) Issue a writ order or direction in the nature of mandamus directing the respondents particularly respondent no. 2 & 3 to implement the resolution/ proposal of the Land Management Committee to 42 families for distribution of residential plots to 42 families who have been shown in the list of VISTHAPIT BYAKTIYON KI SUCHI dated 24.6.2013 families from Village Pipala Wala Mansorpur Majre Bhudiya allotted the residential land in Village Pagupura Pargana Shahabad District Rampur after recommendation of the concerned authorities.
(ii) Issue any suitable order or direction to which this Hon'ble Court may deem fit and proper in the interest of justice.
(iii) Award the costs of this writ petition in favour of petitioner."
On the basis of instructions received from the authorities concerned, learned Standing Counsel submits that proceeding under Section 67 of U.P. Revenue Code, 2006, against the illegal occupants, is already going on in the Court of Additional District Magistrate (Finance & Revenue), registered as Case No. T202001593331950/2020 (State Vs. Nazim and Others), so that valid allotment could be made in favour of natives of the village concerned for abadi site.
In the light of the aforesaid instructions apprised by the learned Standing Counsel, I do not find any merit in the present PIL to be entertained in the exercising the jurisdiction of this Court under Article 226 of the Constitution of India.
Accordingly, the instant writ petition is dismissed.
Order Date :- 30.7.2021 Sachin