ORDER : Petitioner a practising advocate, has filed this application seeking review/modification of an order dated 28.07.2014, passed by a Coordinate Bench of this Court in W.P. No. 15945/2010 and the prayer made in the review petition is that now after a period of more than two years when nothing has been done by the Investigating Authorities the petitioner, a practising lawyer, who had appeared in the original writ petition apprehends that he may be harassed under the garb of the order passed by this Court by the police authorities, had filed this application. 2. The original writ petition was filed and certain allegations were made with regard to encroachment in Government Land, National High Ways No. 7, Mahanadda, Jabalpur. The petition was filed by one Ladharam Patel and the original petition was disposed of with a direction to the Police Authorities to remove the encroachment. On the basis of a compliance report submitted by such authorities along with detailed affidavit of Shri V.K. Karan, Tehsildar Nazul, Gorakhpur, the original writ petition itself was disposed of as the encroachments were removed. However, when the original writ petition was pending, it seems that certain person appeared and claimed himself to be Ladharam Patel and stated that he has not filed the petition and he wants to withdraw the same. It seems that based on this statement made on 28.07.2014, the Superintendent of Police was directed to investigate the matter and take such steps as may be permissible under law and thereafter on 16.10.2014 on a subsequent date when W.P. No. 15945/2010 was taken up for hearing, the Superintendent of Police was directed to monitor the ongoing investigation. Now about more than two years have passed and there is no complaint received by this court with regard to impersonation or wrong committed by any person concerned. Petitioner has brought on record various documents, which goes to show that there was encroachment in the area in question and the same were removed after following the due process of law and the grievance highlighted in the writ petition to say that there was encroachment in the Government land was correct.
Petitioner has brought on record various documents, which goes to show that there was encroachment in the area in question and the same were removed after following the due process of law and the grievance highlighted in the writ petition to say that there was encroachment in the Government land was correct. Merely because the so called Ladharam Patel appeared and indicated that he had not filed the writ petition, now after more than two years we see no reason to continue with any investigation into the matter of impersonation against the present petitioner, an advocate, even the writ petition was disposed of and no complaint is received till date in the matter of any action taken in the writ petition. On the contrary, the writ petition has been disposed of finding the public interest to have been served on removal of encroachments. That being so, now it is not necessary to continue with the enquiry, as directed against the present petitioner, an advocate, as was directed to be conducted by the Superintendent of Police on 28.07.2014 in Writ Petition No. 15945/2010 or the observations made on 16.10.2014 directing the Superintendent of Police for monitoring the matter. There being nothing to say that the present applicant is responsible for any act which may amount to act of indiscipline or misconduct, interest of justice requires that now the encroachments in public area has been removed, public interest has been looked into, the matter has been brought to an end, the so called investigation which has not concluded till date as directed be closed. 3. Accordingly, we allow this application. The order passed on 28.07.2014 and 16.10.2014 in Writ Petition No. 15945/2010 in the matter of conducting investigation by the Superintendent of Police with regard to filing of the writ petition by Ladharam Patel stands modified and withdrawn. 4. The applicant stands allowed and disposed of.