Court No. - 21
Case :- WRIT - C No. - 59722 of 2010 Petitioner :- Subhash Chandra Agrawal Respondent :- Mathura Vrindavan Development Authority And Others Counsel for Petitioner :- Tarun Agrawal Counsel for Respondent :- Rajesh Mishra,Alpana Dwivedi,S.C.,Smt. Sunita Agrawal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has preferred this writ petition for issuance of writ of mandamus commanding the Mathura Vrindavan Development Authority, respondent one, to take further steps to stop the commercial activity being undertaken in the residential premises viz. Plot Nos.49, 50, 66, and 67 owned by one Sri Pawan Kumar. A further direction has been sought to second respondent, Uttar Pradesh Pollution Control Board to take steps to prevent noise and air pollution emanating from the swing and cutting of marbles in the aforesaid premises.
List is revised. No one is present to press this petition.
We have perused the material on the record and the order- sheet. We find that either by efflux of time the writ petition has become infructuous or the petitioner has lost the interest to pursue the matter. Accordingly, we do not find any ground to interfere under Article 226 of the Constitution.
However, petitioner is granted liberty to move recall application in case cause of action still survives or this order cause any prejudice to his interest.
The writ petition is accordingly dismissed.
Order Date :- 27.11.2018 Pramod Tripathi