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2025 DAILYLAW 10089 (UTT)

MS JAI AMBEY ICE MILLS v. STATE OF UTTARAKHAND

WPMB/670/2025 · 2025-08-26

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:7547-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 26TH AUGUST, 2025 WRIT PETITION (M/B) NO. 670 OF 2025 M/s Jai Ambey Ice Mills …...Petitioner. Versus State of Uttarakhand & others …….Respondents. Counsel for the Petitioner : Mr. Himanshu Pal, learned counsel. Counsel for the State : Ms. Rajni Supyal, learned Brief Holder. Counsel for Respondent Nos.2 & 3 : Mr. Aditya Pratap Singh, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard learned counsel for the petitioner and learned counsels for the respondents. 2. The petitioner is before this Court impugning the communications dated 17.04.2023 and 13.06.2025. 3. The learned counsel for the respondent nos.2 and 3, i.e., Board makes a preliminary submission. He would submit that the two proceedings impugned herein are mere communications and not orders; that in response to the said communications, the Board has received a reply from the petitioner and that after considering the reply the Board would be passing an appropriate order, under the Air and Water Act, 1974. 1 2025:UHC:7547-DB He would further contend, in that view the instant writ petition is premature as no proceedings have been concluded, nor any order passed against the petitioner. 4. In that view of the matter, the submission of learned counsel for respondent nos.2 and 3- Board is placed on record. 5. Petition is disposed of as being premature. Liberty is hereby reserved to the petitioner to approach the appropriate forum in the event any orders are passed under the Air and Water Act and if the petitioner is aggrieved by the same. 6. The writ petition stands ordered accordingly. 7. There shall be no order as to costs. 8. As a sequel thereto, pending application, if any, shall stand closed. ________________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dated: 26th August, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc0 0ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63 A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.08.27 15:10:08 +05'30'