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Judgment
Manoj Kumar Tiwari, J
Petitioner was denied permission to establish a factory at Mahuakheda Ganj, District Udham Singh Nagar on the ground that the proposed site is
less than ten kilometres away from the nearby reserved forest. Thus, feeling aggrieved petitioner has approached this Court.
Learned counsel for the petitioner submits that subsequent to filing of writ petition, aerial survey of his land was made by Survey of India and it was
found that petitioner’s land is more than ten kilometres away from the nearby reserved forest. He further submits that the report of the Survey of
India was produced before the Competent Authority in the State Government and necessary permission for establishing the factory has also been
granted to the petitioner in respect of Khasra Nos. 1137 and 1139. He further submits that the relief, as claimed in the writ petition, has now become
infructuous.
Mr. T.S. Phartiyal, learned Additional C.S.C. for the State has endorsed the submission made by learned counsel for the petitioner and he also
submits that after grant of permission, for establishing the factory, nothing survives in this writ petition.
In such view of the matter, writ petition is dismissed as infructuous.