Court No. - 21
Case :- WRIT - C No. - 49092 of 2011 Petitioner :- Bharati Kishan Sangh And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- K.D. Tiwari Counsel for Respondent :- C.S.C.,H.N.Tripathi.,Rajesh Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner is an association of the farmers. They have preferred this writ petition for issuance of a direction to decide the reference dated 13.05.2018 sent by the respondent no.3 in respect of the respondent nos. 5 and 6, who run the brick kiln in their village/area. Their grievance was that they are suffering huge loss of crops. It is stated that no objection from the U.P.Pollution Control Board was not obtained by the respondent nos.5 and 6 and they are illegally running their business.
A short counter affidavit has been filed. In para 4 of the short counter affidavit it is stated that on 18.11.2011 a closure order has been issued by the Member Secretary of the U.P. Pollution Control Board, a copy whereof is on the record as Annexure- CA-1.
List is revised. No one is present for the petitioners.
We have heard Sri H.N.Tripathi, learned counsel for respondent nos. 2 and 3.
From the statement made in the counter affidavit, it is evident that the writ petition has become infructuous as the relief sought by the petitioners has now been granted.
In view of the above, the writ petition is dismissed as infructuous.
However, the petitioners are granted liberty to file a recall application in case the cause of action still survives or this order causes prejudice to the interest of the petitioners.
Order Date :- 27.11.2018 MAA/-