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2025 DAILYLAW 147718 (ALL)

AZIZUDDIN HASHMI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MINORITY WELFARE DEPTT. LKO AND 3 OTHERS

WRIC/6084/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36782 Court No. - 3 Case :- WRIT - C No. - 6084 of 2025 Petitioner :- Azizuddin Hashmi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Minority Welfare Deptt. Lko And 3 Others Counsel for Petitioner :- Umesh Singh Counsel for Respondent :- C.S.C. Hon'ble Arun Kumar Singh Deshwal,J. Heard Sri Umesh Singh, learned counsel for the petitioner and Sri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for the State. Instructions supplied by the State is taken on record. By means of this petition, the petitioner has prayed the following reliefs:- "i. Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 04.06.2025 passed by the District Magistrate, Ambedkarnagar upto the extents same orders for demolition of house of petitioners constructed over Gata No. 3168 admeasuring 0.030, 0.025, 0.025 Hectare situated in Village and Post Sijhauli District Ambedkar Nagar finds place at serial no. 1, 4 and 5 to the list appended with the impugned order in respect of Block / Tehsil Akbarpur, as contained in Annexure No. 1 to the writ petition. ii. to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned order dated 04.06.2025passed by the District Magistrate, Ambedkarnagar upto the extents same orders for demolition of house of petitioners constructed over Gata No. 3168 admeasuring 0.030, 0.025, 0.025 Hectare situated in Village and Post Sijhauli District Ambedkar Nagar finds place at serial no.1, 4 and 5 to the list appended with the impugned order in respect of Block/Tehsil Akbarpur, as contined in Annexure No. 1 to the writ petition." At the very outset, learned Additional Chief Standing has very fairly submitted on the basis of instructions that the impugned order dated 04.06.2025 has been withdrawn and fresh order dated 12.06.2025 has been passed by which direction has been issued to issue appropriate proceedings under Section 67 of the U.P. Revenue Code to remove the encroachment over the Government land made by several madarsas. The order impugned has already been withdrawn, therefore, the application has become infructuous. Learned counsel for the petitioner has submitted that he may be permitted to withdraw the present application with liberty to challenge the fresh order dated 12.06.2025, if need arises. In view of the aforesaid, the writ petition is dismissed as withdrawn with the aforesaid liberty. Order Date :- 30.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench