Court No. - 21
Case :- WRIT - C No. - 48983 of 2010 Petitioner :- Geetam Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ramesh Kumar Pandey,Rajiv Lochan Shukla Counsel for Respondent :- C.S.C.,D.R.Choudhary,Hari Nath Tripathi,P.C. Shukla,Prakash Chandra,R.C. Shukla,Rajesh Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
List is revised. No one is present for the petitioner. Dr. H.
N. Tripathi, learned counsel for the respondents is present.
The petitioner has preferred this writ petition for issuance of writ of certiorari to quash the order dated 1.6.2010 passed by the respondent no.4 whereby the petitioner's application to establish a brick kiln has been rejected under the provisions of The Air (Prevention and Control of Pollution) Act, 1981. In the impugned order it is stated that the application has been rejected on the ground that the District Magistrate, Mahamaya Nagar by order dated 5.11.2008 and 19.12.2008 issued a direction to the petitioner to close the brick kiln.
In the impugned order, the orders of the Supreme Court dated 10.5.1996 and 15.5.2009 has been referred wherein certain directions in the matter of the brick kiln have been issued by the Supreme Court. The writ petition was preferred in the year 2010. The order-sheet indicates that after 5.8.2011 the matter was never listed before the court. The record also indicates that the petitioner has not moved any application for hearing of the matter.
We have perused the material on record, it appears to us that either by efflux of time the writ petition has become infructuous or the petitioner has lost the interest to pursue the matter.
In view of the above, no useful purpose would be served to keep this writ petition pending. Accordingly, the writ petition is 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