Neutral Citation No. - 2025:AHC:19423-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.69) Court No. - 21 Case :- WRIT - C No. - 2201 of 2025 Petitioner :- M/S Zishan Khan Rafi Usshan Khan And Sons Ent Bhatta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raja Ullah Khan,Sanjeev Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,Mohd. Ishraque Farooqui,Sarthak Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the parties. 2. The petitioner has prayed for quashing of an order dated 18.12.2024 passed by Chief Environmental Officer, Uttar Pradesh Pollution Control Board, Lucknow and consequential order dated 30.12.2024. 3. By order dated 18.12.2024, closure of the brick kiln of the petitioner has been directed in exercise of power under Section 31A of the Air Pollution Control Board and Regulation Act, 1981. The ground is that the petitioner does not have a valid Consent-to- Operate and site on which brick kiln is being run is not in accordance with the prescribed norms laid down under the Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012. 4. Sri Sanjeev Singh, learned counsel for the petitioner submits that the impugned order is based on a wrong premise and the petitioner does possess a valid Consent-to-Operate. He submits that in fact after issuance of show cause notice dated 17.05.2024, the same Authority had issued a Consent-to- Operate order on 03.08.2024. He further submits that therefore, the second ground that the site of the brick kiln is not according to norms is also not sustainable. 5. Sri Sarthak Singh, appearing on behalf of U.P. Pollution Control Board is not in a position to dispute that the petitioner was granted Consent-to-Operate on 03.08.2024 in respect of the same site. He submits that the site over which the brick kiln is being run is not in accordance with the Rules, 2012. However, we are unable to sustain the submission inasmuch as the petitioner was issued a Consent-to-Operate order on 03.08.2024 and the same has not been cancelled so far. 6. Accordingly, the impugned order dated 18.12.2024 and the consequential order dated 30.12.2024 are hereby quashed, leaving it open to the respondents to proceed in accordance with law. 7. In the result, the petition stands allowed to the extent indicated above. Order Date :- 10.2.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad