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2025 DAILYLAW 20404 (ALL)

DHANPAL SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/20189/2021 · 2025-10-06

Prakash Padia, Vivek Saran

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 20189 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Sri Diptiman Singh, learned counsel for the respondent No.4. 2. The petitioner has preferred the present petition with the following prayers:- 1. Issue a writ, order or direction, in the nature of mandamus, commanding the respondents to direct the respondents for making arrangement of dirty and chemical mixture water ousting from the Sugar Mill of respondent No.4 3. It is argued by learned counsel for the petitioner that for raising his grievances, the petitioner has made various representation before the authorities and since no action has been taken on the same, he has filed present petition. 4. Sri Diptiman Singh, learned counsel for the respondent No.4/Sugar Mill placed before the Court letter dated 28.06.2021 written by Sub Divisional Magistrate, Khatauli, District Muzaffar Nagar to Incharge Inspector, P.S. Khatoli. 5. In paragraph 5 of the counter affidavit, it is stated that petitioner is illegally plotting and selling the land in question, even though Abadi has been formed over the said land but before the plotting prior permission of Versus Counsel for Petitioner(s) : Rajesh Kumar Tripathi Counsel for Respondent(s) : C.S.C. Diptiman Singh Dhanpal Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the concerned department has not been taken. It is stated in paragraph 6 of the counter affidavit that the land in question is recorded as Pond in the revenue records and the same has been used for the public interest. Since the petitioner was doing illegal plotting, he tried to level up the pond by filling soil in the land. It is stated in paragraph 8 of the counter affidavit that chemical water of the factory of Respondent No. 4 does not go to the drain in question because ETP Plant has been installed by the Respondent No.4 to keep the industrial emissions clean. It is operated as per the norms of Pollution Control Board, it is further submitted that officials are disposing of various applications while visiting the spot. 6. In this view of the matter, counsel for the respondents argued that present petition is not maintainable and the same is liable to be dismissed imposing exemplary cost. 7. After some arguments, learned counsel for the petitioner prays to dismiss the present petition as not pressed. 8. This prayer has not been opposed by learned cunsel for the respondents. 9. Accordingly, the writ petition is dismissed as not pressed. 10. It is made clear that no liberty is granted to the petitioner to file fresh petition for the same cause of action. October 7, 2025 saqlain WRIC No. 20189 of 2021 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad