ABDUL WAHEED Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner contends that he was entitled to grant of freehold rights over the land in question and in the absence of any action being taken by the Nagar Palika Parishad, Khairabad, District Sitapur and the Collector as well as the Nazul Officer the petitioner was compelled to file Original Suit No. 553 of 2014 before the learned Civil Judge (S.D.), Sitapur.

(2.) However, on assurance given by the Nagar Palika Parishad authorities the petitioner withdrew his suit that his claim will be considered and an order was passed to that effect on 5.2.2016, copy whereof has been filed along with the writ petition as Annexure no. 21 to the writ petition.

(3.) Learned Standing Counsel states that the petitioner having withdrawn his suit now cannot be permitted to file this petition as the suit was dismissed as withdrawn without liberty to file a fresh suit.