Allahabad High Court
Keshav Lal Pal vs State Of U.P. Thru. Prin. Chief ... on 6 December, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- P.I.L. CIVIL No. - 29856 of 2017 Petitioner :- Keshav Lal Pal Respondent :- State Of U.P. Thru. Prin. Chief Conservator Of Forest & Ors. Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 5, 7 and 8 and Sri Ashok Kumar Verma, learned counsel for respondent nos. 2 and 4.
By means of this writ petition the petitioner as sought following relief :
"(i) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite parties for closure of illegal Koyala Bhattis operated by van mafias in Block Sareni, District Rae Bareli.
(ii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite parties to shift the illegal Koyala Bhattis running in and around village Nizam Kheda, Block Sareni immediately to other appropriate sites/places.
(iii) to issue a writ, order or direction of suitable nature thereby directing O.P. No. 1 to take action against the O.P. No. 3 and 7 for facilitating the business of van mafias, thereby shutting their eyes on the mandate of 2010 Rules.
(iv) to issue a writ, order or direction of appropriate nature thereby directing the State Government to incorporate the role of O.P. No. 2 and 4 in picture of U.P. Koyala Bhatti Sthapna Evam Viniyaman Niyamawali, 2010 and proceed further for pro-bono-publico as in U.P. Bricks Kilns (Sitting Criteria for Establishment) Rules, 2012.
(v) to issue a writ, order or direction of appropriate nature thereby directing to O.P. No. 5 and 8 to provide protection to life of petition from local van mafias.
(vi) to pass any other appropriate order or direction as this Hon'ble Court deems fit in present circumstances.
(vii) to allow the present Public Interest Litigation with cost."
In compliance of order dated 29.11.2019, passed by this Court for apprising the Court about the present status of 47 Koyala Bhattis in question, a joint inspection has been conducted by the Monitoring Assistants/Environmental Engineer, U.P. Pollution Control Board and the Regional Forest Officer, Forest Department, Raibarielly and a report dated 05.12.2019 has been filed by means of supplementary counter affidavit, which is taken on record.
As per report dated 05.12.2019, during inspection 47 Koyla Bhattis were found closed but 4 Koyla Bhattis owned by Sri Sartaj Khan, situated in Village - Usra, Nizamkhera were found running in the light of interim order passed in Writ Petition No. 21630 (M/B) of 2017.
In Writ Petition No. 21630 (M/B) of 2017, the petitioner never pointed out that after issuance of notice an order has been passed by the U.P. Pollution Control Board, complying the interim order dated 13.09.2018 passed by this Court.
The Writ Petition No. 21630 (M/B) of 2017 has been dismissed and the interim order dated 13.09.2018, has been vacated by this Court by the order of date.
In view of above, this writ petition has been rendered infructuous.
Accordingly the writ petition is dismissed as infructuous.
Order Date :- 6.12.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)