Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1094 of 2021 Petitioner :- Prabhakar Rai Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Krishna Kant Dwivedi,Rama Pati Tripathi Counsel for Respondent :- C.S.C.,A.S.G.I.,Hari Nath Tripathi,Kundan Rai
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Ajai Tyagi,J.
Heard learned counsel for the petitioner, Shri Rajiv Singh, learned Standing Counsel appearing for the State, Shri Hari Nath Tripathi, learned counsel appearing for UP Pollution Control Board and Shri Kundan Rai, learned counsel for respondent No.8.
This public interest litigation has been filed in apprehension of consent by the UP Pollution Control Board. It is despite the fact that notice to public hearing was given and thereupon there is nothing on record to show consent of the UP Pollution Control Board.
Shri Hari Nath Tripathi, learned counsel appearing for UP Pollution Control Board submits that consent to respondents was refused on 15th January, 2021, itself. The petition was filed much subsequent to it even without disclosing this fact and the fact that earlier, a PIL No.840 of 2021 (Gorakhpur Kalyan Samiti vs. State of UP & others) to the same cause of action was filed and dismissed on 24.6.2021.
The present writ petition was filed thereupon. It is nothing, but misuse the jurisdiction of this Court.
Accordingly, the PIL is dismissed with cost of Rs.1,000/- to be deposited with the UP State Legal Service Authority, Allahabad High Court, within a period of one month from today.
Registrar (Listing) would see the compliance of this order and inform this Court, accordingly.
Order Date :- 27.7.2021 LN Tripathi (Ajai Tyagi,J) (Munishwar Nath Bhandari,ACJ)