Court No. - 21
Case :- WRIT - C No. - 63894 of 2012 Petitioner :- M/S Sama Brick Field Respondent :- Union Of India And Others Counsel for Petitioner :- Raj Kumar Counsel for Respondent :- C.S.C.,A.S.G.I. (2012/5760),Pranjal Mehrotra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner runs a brick kiln, which manufactures and sales the building bricks. The petitioner has instituted this writ petition for the following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus directing the respondent concerned to decide the application dated 19.11.2012 moved by the petitioner within stipulated period, preferably within a week submitted for Environmental clearance.
2. Issue a writ, order or direction in the nature of mandamus directing the respondent concerned to issue Environmental clearance in favour of the petitioner in pursuance to the application dated 19.11.2012.
3. Issue a writ, order of direction in the nature of mandamus directing the respondent concerned not to interfere into the peaceful functioning of the petitioner and the mining at Khasra Number as stated in the paragraphs of the writ petition."
List revised. No one is present for the petitioner.
We find that the petition is pending since 2012. From the record, it appears that the petitioner has not made any effort to get the case heard. From the perusal of the material on record, we find that either cause of action does not survive and the writ petition has become infructuous by efflux of time or the petitioner has lost interest in pursuing the matter.
Having perused the record, we are of the view that no interference is called for.
Accordingly, the writ petition is dismissed.
However, we grant liberty to the petitioner to move a recall application in case, the cause of action still survives or this order cause any prejudice to the interest of the petitioner.
Order Date :- 28.11.2018 V.S.Singh