Court No. - 21
Case :- WRIT - C No. - 42301 of 2010 Petitioner :- Israr And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.K. Anwar Counsel for Respondent :- C.S.C.,P.C. Shukla
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
List is revised. No one is present for the petitioners to press this writ petition.
The petitioners are six in numbers and they have preferred this writ petition for the following reliefs :-
"i. to issue a writ, order or direction in the nature of mandamus commanding the respondents not to operationalize the slaughter house on the Plot No.230 situated at Village Jamalpur, Pargana Jhinjhana, Tehsil Kairana District Muzaffarnagar and to relocate the same to other suitable place.
ii. to issue a writ, order or direction in the nature of mandamus commanding the respondents not to allow any person to slaughter the animal on the Plot No.230 at Village Jamalpur, Pargana Jhinjhana, Tehsil Kairana District Muzaffarnagar and to take suitable action against any such person in accordance with law.
iii. to issue any other writ, order or direction as this Hon'ble court may deem fit and proper;
iv. to award cost of this petition to the petitioners."
The grievance of the petitioners is that a slaughter house has been established near the village of the petitioners. The Nagar Panchayat has illegally issued a license for the slaughtering of the animals, which is causing nuisance to the residence, who are living near the slaughter house. It is stated in the writ petition that the Gram Pradhan of the petitioners village has made a complaint/representation dated 8.5.2010 to the respondent Station House Officer but no action has been taken. It appears that other villagers have also made a representation to the address second respondent regarding the illegal continuance of the slaughter house.
The order-sheet indicates that after 2010, the matter was never listed before the court. The record also indicates that the petitioners have 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 petitioners have lost the interest to pursue the matter.
However, if their grievances still persist, we leave it open to the petitioners to move a fresh representation before the District Magistrate. In the event, any such application is made by the petitioners to the District Magistrate, he shall pass the appropriate order in accordance with law expeditiously.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 26.11.2018 Pramod Tripathi