Keshav Kumar Saini vs State Of Uttarakhand & Others

Sharad Kumar Sharma, J

The petitioner contends that he owns an orchard of mango trees. His grievance is that in an around his place, where the orchard exists there are

about 10 to 13 brick kilns, which are illegally operating and despite that they are not having a valid license, issued in their favour by the competent

authorities, except few of them, have been sealed also. The petitioner submits that despite of the sealing order, these brick kilns have started operating

and are functional and despite of his representation being made before respondent nos. 2 and 3, the same has yet not been decided. On the contrary,

irrespective of the sealing order, brick kilns continued to be operational constantly, which are causing damage to this orchard plantations.

The issue requires venturing to the various factual aspects, which cannot be decided in a writ jurisdiction under Article 226 of the Constitution of

India.

In that view of the matter, this writ petition is being disposed of with the direction to the respondent nos. 2 and 3, to take a prompt decision on the

representation submitted by the petitioner on 29.12.2020 and while undertaking the process of deciding the representation, he would ensure to conduct

a spot inspection and hear the private respondents also, who may be affected by any decision, which is likely to be taken by the respondents on the

representation of the petitioner. The representation, as directed above to be decided within a period of six weeks from the date of presentation of the

certified copy of the order.

Subject to the above, the writ petition stands disposed of.

All the pending applications also stand disposed of.