2025:UHC:10721 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3311/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vikas Kumar Guglani, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Aditya Pratap Singh, learned counsel for the respondent-Uttarakhand Pollution Control Board. 4. Petitioner is running a Kolhu (Jaggery Unit) at Village Firozpur, Tehsil Kichha, District Udham Singh Nagar. Her Kolhu was seized by a team of District Administration and Uttarakhand Pollution Control Board (UPCB). Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:- (i) Issue a writ in the nature of certiorari for quashing for the order dated 12.11.2025 passed by respondents (Annexure No. 1) (ii) Issue a writ in the nature of mandamus directing the respondents to allow the petitioner to operate Kolhu (Sugar Cane Crusher) as per the terms and conditions of the licence issued to the petitioner. 5. Mr. Aditya Pratap Singh, learned counsel appearing for UPCB submits that as per Office Order dated 02.03.2021 issued by Member Secretary, Uttarakhand Pollution Control Board, the ‘consent to operate’ is a mandatory requirement for running a Kolhu/Jaggery Unit. He submits that since the Kolu run by petitioner is not having ‘consent’ from 2025:UHC:10721 UPCB, therefore, on a complaint made by Villagers, petitioner’s Kolhu was seized. He submits that if petitioner applies for ‘consent to operate’, her application shall be processed within five working days and if petitioner fulfils all eligibility criteria, then ‘consent to operate’ would be issued to her within a week. 6. The relief, as claimed by petitioner, cannot be granted, as without ‘consent to operate’ no industrial unit, even agro based, can be permitted to run. 7. The writ petition is, however, disposed of by taking the statement made by learned counsel for UPCB on record, with liberty to petitioner to move appropriate application before the Competent Authority in UPCB, within 24 hours. 8. Let certified copy of this order be supplied to the parties today itself, on payment of usual charges. (Manoj Kumar Tiwari, J) 02.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.02 00:51:01 -08'00' 2025:UHC:10721