Court No. - 21
Case :- WRIT - C No. - 68550 of 2012 Petitioner :- M/S K.M. Eint Udyog Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Adeel Ahmad Khan Counsel for Respondent :- C.S.C.,Aditya Kumar Singh,Dr.H.N. Tripathi,Santosh Kumar Srivastava
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The relief sought by the petitioner reads as under:-
"i) issue a writ order or direction in the nature of mandamus directing to the respondent no.3 District Magistrate, Maharajganj, to decide the representation dated 27.11.2012 accordance with law within stipulated period after providing opportunity of hearing respondent no.5 to 7 respectively (annexure No.7 to this writ petition)."
The petitioner M/s K. M. Eint Udyog runs a brick kiln. His grievance is that another brick kiln is being illegally established within 800 meter from the brick kiln of the petitioner.
According to the petitioner another brick kiln is not entitled to get no objection certificate from the Pollution Control Board against the government policy. On 3.1.2013 when the matter was entertained learned counsel for the second respondent was granted ten days' time to file a counter affidavit.
In compliance thereof a short counter affidavit has been filed wherein the stand taken is that the Chief Environment Officer on 14.12.2012 has requested District Magistrate for stopping the proposed brick kiln of respondent nos.5 to 7. A copy of the said order/communication is appended to the short counter affidavit.
List is revised. No one is present on behalf of petitioner to press this petition.
We have perused the material on the record and heard Dr. H. N. Tripathi appearing for the respondent nos.1 and 2.
Having regard to the said fact, we find that the writ petition has become infructuous.
Accordingly, writ petition is dismissed.
Order Date :- 28.11.2018 Pramod Tripathi