Court No. - 21
Case :- WRIT - C No. - 6549 of 2012 Petitioner :- M/S Santosh Glass Industries And Another Respondent :- Union Of India & Others Counsel for Petitioner :- P.K. Jain Counsel for Respondent :- A. S. G. I.,Dr.H.N.Tripathi.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioners have preferred this writ petition for a direction upon the respondents not to act upon on a letter dated 3.5.1983. Reliefs sought by the petitioners read as under:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents directing them not to utilize non existence and ineffective letter dated 3rd May, 1983, while dealing with the matter of the petitioner, for establishment of the Glass Industry, and further to permit the petitioner to install the plant and Machinery etc. being established.
(ii) Issue a writ, order or direction in the nature of Mandamus directing them to decide the matter which is pending as Annexure No. 7 before the Member Secretary, U.P. Pollution Control Board, Gomti Nagar, Lucknow."
List is revised. No one is present to press the petition. We have perused the material available on record.
The writ petition is pending for the last six years. No serious effort has been made by the petitioners for hearing of the matter. It appears to us that the writ petition has become infructuous by efflux of time or the petitioners have lost the interest in pursuing the matter. We decline to interfere under Article 226 of the Constitution in the facts and circumstances of the case.
The writ petition is dismissed. The petitioners are granted liberty to file a recall application if the cause of action still survives or this order causes any prejudice to their interest.
No order as to costs.
Order Date :- 27.11.2018 Digamber