Court No. - 21
Case :- WRIT - C No. - 22813 of 2010 Petitioner :- M/S. Durga Stone Crashers Respondent :- State Of U.P. Thru. Secr. Ministry Of Industries & Ors.
Counsel for Petitioner :- Satyendra N. Singh Counsel for Respondent :- C.S.C.,Dr.Hari Nath Tripathi,Rajesh Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
List is revised. No one appears for the petitioner to press the writ petition.
The petitioner is proprietor of M/s Durga Stone Crashers. The petitioner is aggrieved by the order passed by the respondent no.4 whereby his application to establish the stone crasher has been rejected on the ground that his proposed plant is within the prohibited area of river.
A counter affidavit has been filed on 2.9.2011. No rejoinder affidavit has been filed by the petitioner. The order-sheet revealed that the matter was listed on 14.3.2011, 23.3.2011 and 5.08.2011 and on all the three occasions the learned counsel for the petitioner had sent his illness slip. In the record, we do not find any application for early hearing of this matter as noticed above the rejoinder affidavit has also not been filed till date.
We have perused the material on the record and in the impugned order it is recorded that the proposed unit of the petitioner is within the prohibited area of 500 meter from the river, the same stand has been taken in the counter affidavit, which is not reverted. Hence we are of the view that petitioner is either not interested to pursue the matter or the writ petition has become infructous by efflux of time. The writ petition is lying dormant for the last 8 years and no effort has been made for early hearing of the matter. On three conjunctive occasions the learned counsel for the petitioner has sent illness slip.
For the reasons above, we do not find any ground to interfere in the matter.
The writ petition is accordingly dismissed.
However, we grant liberty to the petitioner to move recall application in case cause of action still survives or this order cause any prejudice to his interest.
Order Date :- 26.11.2018 Pramod Tripathi