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2025 DAILYLAW 128409 (ALL)

M/S R.K. BRICK FIELD BALRAMPUR THRU ITS PROPRIETOR RAVINDRA KUMAR v. STATE OF U.P. THRU PRIN.SECY. MINES AND MINERALS LKO AND ORS.

WRIC/2464/2025 · 2025-03-20

Attau Rahman Masoodi, Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16131-DB Court No. - 1 Case :- WRIT - C No. - 2464 of 2025 Petitioner :- M/S R.K. Brick Field Balrampur Thru Its Proprietor Ravindra Kumar Respondent :- State Of U.P. Thru Prin.Secy. Mines And Minerals Lko And Ors. Counsel for Petitioner :- Brijesh Kumar Pandey,Saumya Shukla Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Vijay Pratap Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the petitioner, Shri Ashok Kumar Verma, learned counsel appearing for U.P. Pollution Control Board, Shri Vijay Pratap Singh, who has put in appearance on behalf of Zila Panchayat and learned Standing Counsel for rest of the respondents. 2. The present writ petition is directed against an order passed by the U.P. Pollution Control Board on 30th January, 2025, whereby Consolidated Consent to Operate the brick kiln has been refused by recording reasons. 3. For such a grievance, of which the redressal has been sought in the present writ petition, the petitioner has a statutory remedy of appeal before the State Government under Section 31 of Air (Prevention & Control of Pollution) Act, 1981. The lis involves contentious questions of facts and law, therefore, the matter deserves to be relegated to the appellate forum. In case, an appeal is filed by the petitioner within a period of two weeks from today, the same shall be decided expeditiously, preferably within a period of two months from the date of filing of any such appeal. 4. It is made clear that necessary parties shall be put to notice by the appellate authority before arriving at a reasoned and speaking decision. 5. The petition is, accordingly, disposed of. Order Date :- 20.3.2025/VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench