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2025 DAILYLAW 157017 (ALL)

M/S NEW AR GARMENTS THRU PROPRIETOR MOHD. ASIF v. STATE OF U.P. THRU PRIN.SECY. ENVIRONMENT FORESTS AND CLIMATE CHANGE DEPT. LKO AND ORS.

WRIC/7635/2025 · 2025-08-21

Manjive Shukla, Rajan Roy

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49065-DB Court No. - 1 Case :- WRIT - C No. - 7635 of 2025 Petitioner :- M/S New Ar Garments Thru Proprietor Mohd. Asif Respondent :- State Of U.P. Thru Prin.Secy. Environment Forests And Climate Change Dept. Lko And Ors. Counsel for Petitioner :- Jalaj Kumar Gupta,Mehdi Khan,Mohd. Aslam Khan Counsel for Respondent :- C.S.C.,Ashok Kumar Verma,Chandra Shekher Pandey Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. 1. Heard learned counsel for the petitioner, Sri Chandra Shekher Pandey, learned counsel for the Central Pollution Control Board, Sri Ashok Verma, learned counsel for the U.P. Pollution Control Board and Sri Nishant Shukla, learned Additional Chief Standing Counsel for the State. 2. In this case, orders dated 18.8.2021 and 13.5.2022 have been challenged by the petitioner by filing this petition on 18.7.2025, after a delay of more than two years. Apart from it the only question raised herein is with regard to the jurisdiction of the U.P. Pollution Control Board to pass such an order under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 and this issue has been settled by Hon'ble the Supreme Court in the case of D.P.C.C. Vs. Lodhi Property Co. Ltd. (Civil Appeal No (s). 757-760 of 2013 based on which we have decided one of the connected writ petitions bearing WRIT - C No. - 7305 of 2025 by a detailed judgment today itself. 3. We may also put it on record that prior to pronouncement of the decision of Hon'ble The Supreme Court in D.P.C.C. Vs. Lodhi Property Co. Ltd. (Supra) on 4.8.2025 a co-ordinate Bench of this Court had an occasion to decide the similar issue vide judgment dated 17.7.2025, however, in view of subsequent judgment of Hon'ble The Supreme Court directly on the said issue of jurisdiction of the U.P. Pollution Board we are unable to follow the law discussed and enunciated by the co-ordinate Bench of this Court on the said issue as we are bound by the dictum of Hon'ble The Supreme Court as envisaged under Article 141 of the Constitution of India. 4. In view of the aforesaid, we see no reason to interfere in the matter any further. The writ petition is, accordingly, dismissed. . (Manjive Shukla,J.) (Rajan Roy,J.) Order Date :- 21.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench