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Tribunals and CommissionsFull Bench(2023) 10 NGT CK 0030

Dharmendra Kumar Singh vs Union of India & Ors

National Green Tribunal · Decided on 6 October 2023

HON’BLE JUDGES
Prakash Shrivastava, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 174 Of 2022 (I.A. No. 308 Of 2022, I.A. No. 50, 51 Of 2023)

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Judgment

5 paragraphs · 202 words
1.

I.A. No. 308/2022 has been filed under the affidavit of one Vyas Singh with the prayer for vacating of the stay order granted on 12.07.2022 and restoring the functioning of the brick kiln operated by respondent no. 9. Respondent No. 9 in this OA is “Ashok Kumar Sharma Ent Bhatta”.

2.

Learned Counsel for the applicant in the I.A. has submitted that Ashok Kumar Ent Bhatta has been purchased by Vyas Singh and the name of Ashok Kumar Ent Bhatta has been changed to Pragati Brick Kiln and therefore, the present application has been filed on behalf of Pragati Brick Kiln seeking vacating of the stay order.

3.

We find that Pragati Brick Kiln is not a party in this OA and the change of name of Respondent No. 9 has not been brought on record by proper application nor any application for impleadment/substitution has been made.

4.

In these circumstances, we do not deem it proper to entertain the application- I.A. No. 308/2022 filed by Vyas Singh and accordingly reject it. However, with liberty to the applicant to file a proper application for impleadment/substitution in OA and thereafter, move an application for appropriate relief.

5.

List this matter on 21.12.2023.