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2025 DAILYLAW 146007 (ALL)

KRISHNA CHAND AND ORS. v. DEPUTY DIRECTOR CONSOLIDATION ADMINIS. SULTANPUR and ORS.

WRIB/7786/2016 · 2025-02-06

Jaspreet Singh

body2025

Judgment text

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Court No. - 8 Case :- WRIT - B No. - 7786 of 2016 Petitioner :- Krishna Chand And Ors. Respondent :- Deputy Director Consolidation Adminis. Sultanpur And Ors. Counsel for Petitioner :- Vijai Bahadur Verma,Amrendra Pratap Singh,Brijesh Kumar,Puttan Singh,Utkarsh Srivastava Counsel for Respondent :- C.S.C.,Amitabh Singh,Anil Kumar Pandey,Ashutosh Kumar Singh,Manuvendra Singh,Mohammad Aslam Khan,Prabhakar Vardhan Chaudha,Rajesh Kumar,Rakesh Kumar Srivastava,Rakesh Srivastava,Vijay Kumar Pandey Hon'ble Jaspreet Singh,J. IA/27/2025 Learned counsel for the petitioners has moved the instant application seeking withdrawal of the writ petition. The application is accompanied by an affidavit of the petitioner no.1 who submits that he does not wish to contest the proceedings as there is some sort of settlement between some of the parties outside the Court. Learned counsel for the petitioners further submits that even earlier the petitioners had moved IA/26/2025 with the similar request, however, while moving the said application the petitioner have inadvertently impleaded dead persons and to that extent he does not wish to press his earlier application, however, his request for withdrawal may be considered on the basis of subsequent application i.e. IA/27/2025. Sri P.V. Chaudhary learned counsel who appears for the legal heirs of the deceased respondent no.4 and Sri Anil Kumar Pandey learned counsel for the heirs of the deceased respondent no.5 submit that they have no objection in so far as dismissal of the writ as withdrawn is concerned, however, Sri Chaudhary submits that another writ petition involving the same issue as well as the property bearing Writ B-12030 of 2016 (Suresh Chand vs. DDC and Ors) is pending and filed by Sri Chaudhary and he further submits that even this withdrawal of the writ petition may not hamper or create any adverse impact on the rights of his clients in the other connected petition Writ B no.12030 of 2016. Considering the aforesaid, since the petitioners do not wish to press the instant application, accordingly, the application is allowed in Writ Petition no.7786 (Cons) of 2016 shall stand dismissed as withdrawn. It is made clear that mere withdrawal of the instant application will not impact the rights of the respective parties in Writ Petition no.12030 of 2016 which shall be considered on its own merit. IA/26/2025 The present application which was moved by the petitioner against the dead person shall also stands rejected as not pressed. Order Date :- 6.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench