- (1.) We have heard learned Counsel for the appellants, Sri H. P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Sri Ashok Kumar Verma, learned Counsel representing U.P. Pollution Control Board.
(2.) By means of this application, the applicants-petitioners pray for dismissal of this petition as withdrawn so that they may pursue their statutory appeal said to have been filed before the Appellate Authority. Alongwith the affidavit filed in support of the dismissal application, the petitioners have annexed a copy of the order dated 21.6.2017 passed by the Appellate Authority whereby the appeal has been dismissed only on the ground that the present petition is pending before this Court and in view of the same, the said Appeal is held to be not maintainable.
(3.) Sri Verma, learned Counsel for the U. P. Pollution Control Board submits that the matter relating to the illegal establishment of the petitioners' brick-kiln has already been adjudicated upon by this Court in an earlier petition and it has been found that the petitioners' brick-kiln has been set up at a place, which is not permissible under the relevant Rules and bye-laws. He further submits that it would be a futile exercise in permitting the Appellate Authority to decide the appeal on merits.;