Allahabad High Court
Gorakhpur Kalyan Samiti vs State Of U.P. And 6 Others on 24 June, 2021
Bench: Sanjay Yadav, Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 840 of 2021 Petitioner :- Gorakhpur Kalyan Samiti Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rama Pati Tripathi,Krishna Kant Dwivedi Counsel for Respondent :- C.S.C.,A.S.G.I.,Hari Nath Tripathi,Sanjay Kumar Om Hon'ble Sanjay Yadav,Chief Justice Hon'ble Vivek Agarwal,J.
Matter is taken up through Video Conferencing.
Petitioner by way of present petition seeks following directions:
"i) Issue a writ, order or direction, in the nature of certiorari to call for the records and quash the proposal/sanction/Letter granted by the respondents for establishment of the common Bio medical waste Treatment Facility at Khasra No.1006, Village Paharpur, post-Gotha, Rasoolppur, District Deoria, U.P., M/s J.K.N. Purvanchal CBWTF works, in view of the environmental hazards on suing on account of violation of Bio-medical waste management Rules 2016 and the revised Guidelines for common Biomedical Waste Treatment & Disposal Facilities, 2016.
ii) Issue an appropriate writ, order or direction, in the nature of mandamus commanding the respondents to ensure strict compliance with the Bio-medical waste management Rules-2016 and the revised Guidelines for common Biomedical Waste Treatment & Disposal Bio-Medical Waste Treatment and disposal facility at the appropriate location in Village-Paharpur, post-Gotha, Rasoolpur, Distrcit Deoria, U.P.
iii) Issue writ, order or direction, in the nature of mandamus commanding the respondents to consider and redress the grievance of petitioner against the establishment of the common Bio-medical waste Treatment disposal facility at Khasra No.1006,Village-Paharpur, post-Gotha, Rasoolpur, District Deoria, U.P."
Vide this public interest litigation, the petitioner in paragraph 3 states that it is a society registered in accordance with the provisions of Society Registration Act, 1860 and the petitioner works for reddressal of the social issues affecting the rural population of Deoria and also for protection of the environment. The petitioner is having an office at Alhadpur near Imambara, Tehsil-Sadar District Gorakhpu.
However the registration certificate which is on record at page 31 of the compilation reveals that the petitioner Society was registered on 25.4.2015 and the said registration has expired on 24.4.2020. There is no whisper in the petition that the said registration has been extended thereafter.
In view whereof, we doubt the bonafide of the petitioner and decline to cause any indulgence at the instance of petitioner Society.
Consequently, petition is dismissed.
Order Date :- 24.6.2021
Tamang
(Vivek Agarwal,J.) (Sanjay Yadav,C.J.)