(1.) This writ petition is yet another woeful tale of a hapless old lady of 90 years of age who, by virtue of her old age and infirm condition otherwise was unable to protect herself from the brazen act of lawlessness of the respondent No. 5, who forcibly grabbed her house which is the premises described in the writ petition and where after having found no shelter at the hands of the administration, had to or rather was compelled to seek shelter of this Court under Article 226 of the Constitution of India for the protection of her rights and property.
(2.) This incident of house grabbing is stated to have taken place on 6-7.3.2004. It is undisputed that the petitioner is alone and does not have any male member to support her. This Court taking cognizance of this petition, issued notice to the district administration as well as to the respondent No. 5 and in spite of several orders, appropriate response in the matter was not given as a result whereof, this Court repeatedly made queries which, in essence, were three fold.
(3.) The district administration came with a stand that the matter had been rendered infructuous, as the respondent No. 5 had vacated the house in question. The same stood now returned back in possession of the petitioner having been vacated by the respondent No. 5 on 31.1.2005. In response to our queries, a counter affidavit sworn on 5.2.2005 was filed by one Shri Ashok Kumar Shukla, deposing himself as a Deputy Superintendent of Police. In the said affidavit, it has been admitted that the respondent No. 5, Dabbu Yadav had illegally occupied the house in question bearing premises No. D-40/48, Laxmanpura, Police Station Dashashwamedh, Varanasi. However, the affidavit reiterated the stand taken by the administration, which was to the following effect: However, at present the said house has been vacated on 31.1.2005 and the same is in possession of the petitioner. As the house in question has been vacated by the respondent No. 5, no action is required at this stage in view of the changed circumstances and the petition should be dismissed as having become infructuous.
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