MAYUR SINGH THAKUR AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/34036/2025 · 2025-09-24
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101669 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34036 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Short counter affidavit filed on behalf of respondent no.5, is taken on record. 2. Heard learned counsel for the petitioners, Sri J.N. Maurya, learned counsel for U.P. Pollution Control Board and Sri Vikas Bhatnagar, learned counsel appearing for respondent no.5. 3.The present writ petition is preferred for the following relief:
" To quash the public notice dated 02.09.2025 having reference no. G00706/Lok Sunwai-Fatehpur/2025 published by Regional Office, uttar Pradesh Pollution Control Board (Respondent no.) to Hindi daily newspaper Danik Jagran dated 03-09-2025 for giving information of public hearing for environmental clearance to establish Cement Factory of Dalmia Bharat Green Vision Ltd., New Delhi at Village - Pahur, Tehsil - Bindki, District-Fatehpur, Uttar Pradesh and to direct the concerned respondents to reschedule the public hearing for environmental clearance of Dalmia Bharat Green Vision Ltd.'s cement factory at Village Pahur on a suitable date and time between 10:00 AM to 4:00 PM so as to ensure maximum participation of villagers and to issue a writ, order, or direction in the nature of mandamus directing the concerned respondents to avail the copy of relevant project documents of Cement Factory of Dalmia Bharat Green Vision Ltd., New Delhi as mentioned in aforesaid notice and make it available in the office of Village Panchayat Pahur so that the petitioners and other villagers can read, analyse and effectivily participate in public hearing regarding establishment of proposed Cement Factory of Dalmia Bharat Green Vision Ltd. in their locality. " Versus Counsel for Petitioner(s) : Amit Singh Parihar, Brijesh Kumar Counsel for Respondent(s) : C.S.C., J. N. Maurya, Vikash Bhatnagar Mayur Singh Thakur And 6 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
4. After substantial arguments, we find that the prayer made by learned counsel for the petitioners is innocuous as no relief can be awarded to him at this stage especially by invoking constitutional remedies under Article 226 of the Constitution of India.
Constitutional powers under Article 226 can only be invoked against the State machinery in case where there is a breach of fundamental or natural right but the petitioners of the instant case has failed to draw out any act or omission by the State which could seriously infringe their rights or which could warrant any judicial intervention. 5. Hence we are of the considered opinion that the writ petition is wholly misconceived and we decline to entertain it. 6. Accordingly, the writ petition is dismissed. September 25, 2025 Ashish Pd. WRIC No. 34036 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad