Court No. - 21
Case :- WRIT - C No. - 58245 of 2009 Petitioner :- Gulam Rasool Respondent :- State Of U.P. & Others Counsel for Petitioner :- J.K. Pandey,Mohan Lal Pandey Counsel for Respondent :- C.S.C.,Balwant Singh,D.R. Chaudhary
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has instituted this writ petition for the following reliefs-
"i. Issue a writ, order or direction in the nature of mandamus commanding or directing the respondents to pay Rs. One lac as exemplary cost for violating the fundamental right of the petitioner contained in Article 21 of the Constitution of India and Rs. One lac for violating the Constitutional right of the petitioner laid down under 300-A of the Constitution of India.
ii. issue a writ, order or direction in the nature of mandamus or directing the respondents to pay indemni Rs. One lac in respect of the death of the buffaloes of the petitioners and other harms from the reasons as mentioned aforesaid to the petitioner.
iii. to issue a writ of nature mandamus commanding or directing the respondents to close the production of the factory expeditiously."
From perusal of the order sheet it appears that no one has appeared on 7.11.2009 and matter was directed to be listed in ordinary course. Again on 13.7.2010, writ petition was dismissed for non prosecution pursuant to which restoration application was filed which was allowed on 6.4.2010. Today, in the revised call no one is present to press this writ petition.
We have perused the material on record. The petitioner is seeking exemplary cost of Rs. One lac against the respondents for violating fundamental rights under Article 21 of the Constitution.
From the pleadings of the writ petition we do not find any merit in the case. It is stated that the petitioner is a resident of village Ayodhya Chak, Sardar Nagar, Tehsil Chaurichaura, District Gorakhpur and also claims to be the Pairokar on behalf himself. It is stated that Ashiyan Fertilizers Company was established in the year 1993-94 for production of the fertilizers.The said factory is situated in village Deokahia (Sardar Nagar) Tehsil Chaurichaura, District Gorakhpur and due industrial waste and smoke of the aforesaid factory crop, animals as well as human beings are affected. Hence the petitioner is seeking exemplary cost of Rs.One lac.
We have perused the material on record . We do not find that the petitioner has filed any material to substantiate his claim that he has suffered some loss or his crop of animals have been affected.
In view of the above, we do not find any merit in the matter. Further the petitioner is not present to press this petition.
The writ petition is lying dormant since the year 2006. The order sheet as well as the record shows that he was not serious in pursuing the matter as on earlier occasion the writ petition was dismissed for non prosecution. In the record we do not find any application moved on behalf of the petitioner for early hearing of the matter.
With regard to the facts of this case, we find that the petitioner has lost his interest to pursue the matter.
Accordingly, the writ petition is dismissed with the liberty to the petitioner to move recall application in case cause of action still survives. We also grant liberty to the petitioner to take recourse of such remedy which is available to him under law.
Order Date :- 26.11.2018 M.A.Ansari