PRABHAT POTDAR v. STATE OF U.P. THRU PRIN.SECY. DEPTT. OF ENVIRONMENT FORESTS AND CLIMATE CHANGE LKO AND ORS.
WRIC/1262/2025 · 2025-02-10
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122985 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8392-DB Court No. - 1 Case :- WRIT - C No. - 1262 of 2025 Petitioner :- Prabhat Potdar Respondent :- State Of U.P. Thru Prin.Secy. Deptt. Of Environment Forests And Climate Change Lko And Ors. Counsel for Petitioner :- Sarvesh Kumar Tiwari,Prashant Kumar,Shailaja Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Sarvesh Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State.
2. The petitioner is aggrieved against the notice dated 11.09.2023 contained in Annexure No.1 to the writ petition which has been issued to him in purported exercise of power under the Water Pollution Act, 1974.
3. The petitioner has already submitted a reply against the notice dated 11.09.2023 on 14.12.2023, which is pending
consideration.
4. Learned counsel for the petitioner has submitted that not only the notice under challenge is without jurisdiction but the same has been issued without any just cause.
5. Be that as it may, the petitioner has already submitted a reply against the show cause notice on 14.12.2023 which is pending, the Competent Authority is accordingly directed to consider and decide the objections filed by the petitioner arising out of the aforesaid notice expeditiously, say within a period of two months from the date of production of certified copy of this
order before the authority concerned.
6. The petitioner is also at liberty to supplement the pending representation by taking all the pleas which are available to him failing which the representation shall be considered in the light of objections raised therein.
7. With the aforesaid directions, the writ petition is disposed of. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.)
Order Date :- 10.2.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench