Neutral Citation No. - 2025:AHC-LKO:8312-DB Court No. - 1 Case :- WRIT - C No. - 831 of 2025 Petitioner :- M/S J.A.M. Marble And Minerals Mirzapur U.P. Thru Authorized Signatory Mata Prasad Respondent :- State Of U.P. Thru Addl. Chief Secy. Deptt. Of Environment, Forests And Climate Change And Ors. Counsel for Petitioner :- Himanshu Kamboj,Amit Dwivedi Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Illegible Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Amit Dwivedi, learned counsel for the petitioner and Sri A.K.Verma, learned counsel who has put in appearance on behalf of opposite parties no.3 to 5. 2. Although an objection was raised at the initial stage by Sri A.K.Verma, learned counsel for U.P. Pollution Control Board that the present writ petition in view of some observations made by the N.G.T in paragraph-18 of the order dated 13.08.2024 may not be maintainable. The petitioner may rather be relegated to the statutory remedy of appeal in view of the observations made by the Tribunal. On a close scrutiny of the order impugned herein passed by the U.P. Pollution Control Board, it is gathered that the averments made by the petitioner on the strength of violation of the rule of opportunity do have force. 3. It in on this premise that in some identical matters detailed orders have been passed by this Court which have been placed on record. 4. The present case on the touchstone of rule of opportunity having regard to the averments made herein cannot be segregated for a different view on the basis of objections raised by learned counsel for U.P. Pollution Control Board. 5. The objection raised by Sri A.K.Verma, learned counsel on the strength of paragraph-18 of the N.G.T judgement could have sustained but since all the similar issues have been remitted to the competent authority for re-consideration of the grievance raised by the petitioners and the case is identical to the other cases of which the similar orders have been placed reliance upon, therefore, the benefit of all such orders shall be available to the present petitioners in equal terms. 6. The impugned order is accordingly set aside and the writ petition is allowed. 7. However, it will be open for the authorities to institute fresh proceedings against the petitioner in accordance with law by issuing a fresh show cause notice, which shall be replied by the petitioner within the time period provided for. The competent authority shall thereafter conclude the proceedings within a period of three months. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.) Order Date :- 10.2.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench