HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38715 of 2024 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. List has been revised. Nobody is present on behalf of petitioner though Shri Dharmendra Prasad Singh, learned Additional Chief Standing Counsel is present on behalf of Respondent Nos.1 & 2. 2. The present writ petition has been filed inter-alia with the following prayers:- "i) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to remove the dilupted vehicles and other articles lying on petitioner's land after payment of arrears of agreed rent since November, 1997 till date within stipulated period. ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to permit the petitioner to remove the said scrap vehicles and other articles lying on petitioner's land bearing arazi no. 53 and 54(old no. 45 and 51) total area 6 Bigha situated in Village Mohammadpur @ Bhaganpur, Pargana and Tehsil Soraon, District Prayagraj." 3. Pursuant to the orders passed by this Court a personal affidavit has already been filed by the Executive Engineer, Provincial Division Public Works Department, District Prayagraj. It is stated in paragraph-8 of the aforesaid affidavit that the lease deed, if any, has been executed between the petitioner and Respondent No.3 namely M/S Simmo International Registered Office Antriksha Bhawan, Fourth Floor, 22 Kasturbha Versus Counsel for Petitioner(s) : Jitendra Narayan Tripathi Counsel for Respondent(s) : C.S.C. Mohammad Irfan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Ghandhi Marg, New Delhi. 4. In this view of the matter, it is argued that whatsoever liability arises, i.e., between the petitioner and Respondent No.3. It is further stated in paragraph-9 of the aforesaid affidavit that after the aforesaid fact came into the knowledge of the Public Works Department, the letter dated 08.04.2025 was written to all the Executive Engineers related to Public Works Department in District Prayagraj asking the information in this regard. It is further stated in paragraph-10 of the affidavit that information was duly provided by all the Executive Engineers vide letter dated 08.04.2025 & 09.04.2025 according to which the land in question only Arazi No. 53 and 54 (old no.45 and 51) has been removed and it does not belongs to Public Works Department. 5. In this view of the matter, we are of the prima facie opinion that the petitioner is trying to mislead the Court by making such prayers. Since nobody is present on behalf of petitioner, the writ petition is dismissed in default of petitioner. 6. It is made clear that in case the petitioner is still aggrieved he is free to move a recall application within 30 days. (Vivek Saran,J.) (Prakash Padia,J.) October 8, 2025 Swati WRIC No. 38715 of 2024 2 Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad