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2025 DAILYLAW 188232 (ALL)

VIJAY BAHADUR v. STATE OF U.P. AND 5 OTHERS

WRIC/5256/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 5256 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioner has preferred the present writ petition inter-alia with the following prayers:- "(I) Issue a writ, order or direction in the nature of mandamus directing to respondent no. 4 to decide the representation dated 20.7.2024 of the petitioner and restore his possession at khasra no. 751m, area 171 square meter, situated at Gram Naraina, Post- Rokari, Karchhana, Khain, District Prayagraj. (II) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to make sure to the possession of petitioner being helpless as blind from both eyes and poor person and belonging from S.C. Category, in the interest of justice, otherwise petitioner, shall suffer irreparable loss and injury." 2. Learned Standing Counsel has placed before the Court the instructions dated March, 24, 2025 under the signature of Sub-Divisional Magistrate, Karchana, Prayagraj, the same is taken on record. 3. It is stated in the aforesaid instructions that the possession of the land in question has been handed over to the petitioner, relevant portion of the said instructions are as follows:- "उǘ Šकरण के िनĥतारण हेतु कायाăलय उपिजलािधकारी करछना के पśांक संćया 731/ Versus Counsel for Petitioner(s) : Abhishe Pandey, Irshad Ali Counsel for Respondent(s) : Azad Rai, C.S.C. Vijay Bahadur .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) एस०टी० करछना-िदनांक 19.03.2025 के आदेश के Ōम मȅ नायब तहसीलदार पनासा के नेतृĕव मȅ गिठत राजĥव टीम एवं पुिलस बल के साथ यािचकाकताă व Ŏाम के सĞţाęत DzिĆयȋ के उपिĥथित मȅ सन् 1993 मȅ ĥवीकृ त िदनांक 16.01.1993 के आवास पǛा आवंटन पśावली मȅ याची को ɷए आवासीय पǛे वाली भूिम आराजी संćया 751 िम० रकबा 0.0110हे0 यानी 01 िवĥवा पǛे वाली भूिम का सीमांकन कर यािचकाकताă को कĜजा िदला िदया गया है।" 4. In this view of the matter, since the relief sought by the petitioner has already been granted, hence the writ petition has now become infructuous. In response to the same, it is argued by learned counsel for the petitioner that after possession was granted to the petitioner, the same was again taken back by the authorities and in this regard the representations were also made by the petitioner before the authorities, hence a prayer has been made to direct the authorities to decide the said representation. 5. Heard learned counsels for the parties and peruse the records. 6. From the perusal of the records, it is clear that the relief as has been sought by the petitioner has already been granted, hence present writ petition has already become infructuous and is dismissed as such. 7. In case the petitioner is aggrieved by any subsequent development, he is free to approach the authorities concerned. October 29, 2025 Gaurav Kuls WRIC No. 5256 of 2025 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad