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2011 DIGILAW 1256 (ALL)

Ram Chandra Singh v. State Of U. P. Thru Princ. Secy.

2011-05-18

JAYASHREE TIWARI, SATYA POOT MEHROTRA

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JUDGMENT Heard Sri Sunil Kumar Mehta, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos. 1, 2 and 3. 2. The present Writ Petition has been filed, inter-alia, praying for quashing the notice dated 25th February, 2011 issued by the District Magistrate, Varanasi (respondent no. 2). 3.By the said notice, applications have been invited for grant of short-term permit for mining? of sand in respect of the arrears mentioned in the said notice. Endorsement no. 6 made in the said notice shows that the notice was sent to the Deputy Director Information, Sigara, Varanasi for publication in the daily newspaper. 4. Learned Standing Counsel has produced before the Court a photostat copy of the said notice as published in the newspaper. 5. It is not disputed that the petitioner did not make any application pursuant to the said notice dated 25th February, 2011. 6. During the course of the arguments today, Sri Sunil Kumar Mehta, learned counsel for the petitioner has fairly stated that pursuant to the said notice dated 25th February,2011, the respondent no. 4 moved an application for grant of short-term permit and such permit has been granted to him on 26th April, 2011. 7. As noted above, the petitioner did not make any application for grant of short-term permit pursuant to the said notice dated 25th February, 2011. 8. In the circumstances, we are of the opinion that the petitioner has no locus-standi to challenge the said notice dated 25th February, 2011 or subsequent grant of short-term permit in favour of the respondent no. 4. 9. The Writ Petition lacks merits and the same is liable to be dismissed. 10. The Writ Petition is accordingly dismissed.