Allahabad High Court
Smt. Urmila vs Addl. Deputy District ... on 23 May, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:36232
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 2136 of 2023
Petitioner :- Smt. Urmila
Respondent :- Addl. Deputy District Magistrate,Sadar, Sultanpur And Others
Counsel for Petitioner :- M.A. Siddiqui
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Saurabh Lavania,J.
1. Shri Rajneesh Kumar Verma, Advocate has filed Vakalatnama on behalf of respondent no. 3 in Court today which is taken on record.
2. Case called out. None appears on behalf of the petitioner to press the petition.
3. The present petition has been filed with the following main relief:
"to pass suitable and appropriate order or direction, the order dated 11.8.2022 passed by opposite party no. 1 along with the report of Lekhpal, forwarded by the Teshsildar to o.p. no. 1, and also the Chittha Batwara along with Naksha Nazri, as contained in Annexure No. 1 to this writ petition, may kindly be set aside and also the order dated 4.1.2023 so far as rejecting the application for stay dated 22.8.2022, passed by opposite party no. 2 as contained in Annexure No. 2 to this petition, may kindly be set aside and further the oppostie party no. 1 may be directed to prepare Chittha Batwara and Qurra in accordance with the order dated 6.1.2022, passed by opposite party no. 1"
4. Taking note of the facts of the case after the order impugned, this Court on 26.4.2023 passed following order:
"Let notice be issued to the respondent No. 3-Ram Ji by way of regular mode of service as well as by Registered Post. Steps in this regard be taken within seven days.
List/put up this as fresh on 23.05.2023.
In the meantime, it is open for the petitioner to prefer a fresh application before the Appellate Authority seeking interim relief on the basis of judgment rendered by the Hon'ble Apex Court in the case of Mool Chand Yadav and another vs. Raza Buland Sugar Co. Ltd., Rampur and others reported in (1982) 3 SCC 484, on which reliance has been placed by the petitioner's counsel.
In case, such an application is moved within a week from today, the Authority concerned shall consider and dispose of the same within a further period of two weeks."
5. Learned counsel for the respondent stated that in terms of order dated 26.4.2023, the petitioner preferred an application seeking interim protection before appellate authority respondent no. 2 i.e. Additional Commission (Judicial), Ayodhya Mandal, Ayodhya and the said application has been disposed of vide order dated 17.5.2023. The appellate authority has directed the parties to maintain status quo. He placed before this Court the order dated 17.5.2023 passed by the appellate authority which is taken on record.
6. It is further stated that in view of the order dated 17.5.2023, the present petition has lost its efficacy and may be dismissed as having become infrutuous.
7. Considering the aforesaid, this Court is of the view that no fruitful purpose would be served in keeping the present petition pending.
8. Accordingly, the writ petition is dismissed as having become infructuous.
Order Date :- 23.5.2023
Mohit Singh/-
