Court No. - 5
Case :- WRIT - C No. - 2988 of 2019 Petitioner :- Radheyshyam Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Banshi Dhar Mishra,Shardendu Kumar Pandey Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Vikram Nath,J.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner, Shri A.P. Pal, learned brief holder for respondent nos. 1 and 2 and Shri J.N. Maurya, learned counsel representing respondent no. 3 U.P. Pollution Control Board.
By means of this writ petition relief claimed is for the appropriate direction to decide the application dated 24.09.2018 pending before the respondent no. 3 within a fixed time frame and further to direct that respondent no. 4 Dinesh Gupta may shift his rice mill at another place away from the residential area.
Shri J.N. Maurya, learned counsel for respondent no. 3 upon instruction has informed that on 25.01.2019 the Regional Officer of the Pollution Control Board has already given a notice to respondent no. 4, issuing certain directions and requiring him to place immediately that necessary documents. According to him in case respondent no. 4 is continuing to run the rice mill without necessary sanction or in violation of any of the term of the sanction, the same would be closed under order of the Competent Authority and thereafter, it would be for the District Administration to implement the said order of closure.
Since, we have not issued notice to respondent no. 4 nor he is represented, we dispose of this writ petition with an initial direction to respondent no. 3 to take appropriate decision strictly in accordance with law on the notice dated 25.01.2019 issued in pursuance to the complaint made by the petitioner, after considering the reply that may be submitted by respondent no. 4 and after affording him a due opportunity as may be permissible under law, within a period of three weeks from the date of production of certified copy of this order by the petitioner before respondent no. 3.
We are further directing Deputy Collector, Kaptanganj, District Kushinagar that as and when any directions are received from the Pollution Control Board, the same may be strictly implemented forthwith.
Order Date :- 29.1.2019 Bhanu