RAJA BHAIYA PATEL Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner is seeking the following reliefs:-

(2.) The contention of learned counsel for the petitioner is that in pursuance to the order passed by the Division Bench of this Court in W.P. No.21897/2011 (Ravi Shanker Naik v. State of Madhya Pradesh and another) decided on 23.11.2012 allowing the petitioner (respondent no.3 herein) to carry out mining excavation for the period for which he could carry out mining excavation on account of some interim order passed in some other petition but he is operating the mining operation without obtaining NOC from the Environment Authority, which is not permissible under the law. It would be relevant to quote that portion of the order passed in the aforesaid petition, which reads thus;-

(3.) However, Shri Sudesh Verma, learned Government Advocate as well as learned counsel appearing for respondent no.3 submitted that the petitioner has no locus standi to file this petition for the simple reason that he was not party in W.P. No.21897/2011 filed by respondent no.3 which has been allowed on 23.11.2012 and therefore this petition be dismissed.