M/S DEV INDUSTRIES THRU PROPRIETOR SACHIN KUMAR v. STATE OF U.P. THRU PRIN.SECY./ ADDL. CHIEF SECY. ENVIRONMENT DEPTT. LKO AND ORS.
WRIC/8222/2025 · 2025-08-27
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160942 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8222 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel for the parties.
2. The petitioner's counsel submits that proceedings are pending before the National Green Tribunal, New Delhi against it bearing O.A. No. 3 of 2025 (Bhishm Tyagi Vs. State of U.P. and others) and some recovery orders dated 17.7.2025 have been issued in the interregnum, which are impugned herein.
3. On being further asked, counsel for the Pollution Control Board informs that order dated 17.7.2025 has been passed under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, which is appealable under Section 30 thereof.
4. In view of the aforesaid, we fail to understand as to how writ petition before this Court is maintainable when, firstly, proceedings are pending before the NGT admittedly so against the petitioner and the impugned orders have been passed during its pendency and relates to the subject matter before it, secondly, there is remedy of statutory appeal. The petitioner may avail other remedies.
5. The writ petition is, accordingly, disposed of. August 27, 2025 Anuj Singh Versus Counsel for Petitioner(s) : Anil Kumar Mishra, Arun Chand Pandey, Ram Bahadur Maurya Counsel for Respondent(s) : C.S.C., Ashok Kumar Verma (Manjive Shukla,J.) (Rajan Roy,J.) M/S Dev Industries Thru Proprietor Sachin Kumar .....Petitioner(s) State Of U.P. Thru Prin.Secy./ Addl. Chief Secy. Environment Deptt. Lko And Ors. .....Respondent(s) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench