- (1.) This is an appeal against the order passed by the learned Single Judge dated 11.6.2010 and further directions issued by order dated 18.06.2010. We may gainfully reproduce both the orders. The order dated 11.6.2010 reads as under: Issue notice to Respondent Nos. 2, 3 and 4. The said Respondents are directed to file counter affidavit within 6 weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter. The grievance of the Petitioner is that for the last several years the Petitioner is allotted land for installing Circus, Jhoola, Merry go round swing for amusement area for the children and visitors of Mela in the premises of Dargah Sharif during the annual Urs in the month of Jeth (May and June). Accordingly the Respondent Nos. 2, 3 and 4 are directed to allot land in the Mela at Waqf No. 19, Dargah Sharif, Bahraich over Plot Nos. 1760 to 1770 and 1826 to 1834, details of which have been given in the writ petition, to the Petitioner for the purposes of running Circus, Jhoola, Merry go round swing etc. if the Petitioner pays required rent lease, the possession of the allocated land shall be handed over to the Petitioner within 3 days. Order dated 18.6.2010 reads as under: Heard learned Counsel for the Petitioner and the learned Standing Counsel. Learned Counsel for the Petitioner has raised the grievance that despite earlier order of this Court dated 11-6-2010, the Petitioner has not been allotted land in the Mela area. The very purpose of filing the writ petition would be frustrated if the Petitioner is not allotted the land for running circus /Jhula in the Mela area. The District Magistrate and the Superintendent of Police, Bahraich are directed to pass appropriate order in compliance of the order of this Court dated 11.6.2010 and allot appropriate plot to the Petitioner and file an affidavit of compliance. Put up this case on 16.7.2010 before appropriate bench for hearing. The concerned officers or any other senior officer authorities by them shall file affidavit of compliance by 28-6-2010.
(2.) A learned Division Bench, in the summer vacation, by order dated 21.06.2010 was pleased to stay the operation of order dated 11.6.2010 as also the consequential order dated 18.6.2010.
(3.) We are setting forth a brief narration of facts to demonstrate how the judicial process was abused and subverted to get relief in a case, which was totally devoid of merit and jurisdiction.;