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2025 DAILYLAW 123325 (ALL)

MEHANDI HASAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS U.P. LKO. AND 4 OTHERS

WRIC/1469/2025 · 2025-02-14

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9940-DB Court No. - 2 Case :- WRIT - C No. - 1469 of 2025 Petitioner :- Mehandi Hasan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas U.P. Lko. And 4 Others Counsel for Petitioner :- Sumit Pratap Singh Counsel for Respondent :- C.S.C.,Upendra Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1.Heard. 2. The Aata Chakki run by the petitioners in a residential area has been ordered to be closed by the order dated 17.01.2025 passed by the Executive Officer, Nagar Palika Parishad, Mahmudabad, District-Sitapur. Counsel for the petitioners relies upon an earlier order dated 17.08.2024 by which the said Executive Officer had granted permission for running the Aata Chakki on orders of the District Magistrate, however, we find that this permission was granted for one month only that too subject to certain conditions. 3. Shri Upendra Singh, learned Counsel for the Nagar Palika Parishad informed us that the officials of the Pollution Control Board have passed an order on 20.12.2024 addressed to the Executive Officer for taking action against the Aata Chakki as it is creating noise pollution. He has also emphasized upon the conditions mentioned in the order dated 17.08.2024 which have not been complied. The Pollution Control Board and its officials have not been impleaded herein. Copy of the said order dated 20.12.2024 be provided to the petitioner and the same is taken on record also. It is open for the petitioner to seek other remedies whether against the aforesaid order dated 20.12.2024 or otherwise but these proceedings cannot be carried on any further. 4. With the aforesaid observations/directions, the writ petition is disposed of. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 14.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench