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2025 DAILYLAW 162588 (ALL)

M/S ASHISH KUMAR YADAV (HORN OK EAT) THRU PROPRIETOR ASHISH KUMAR YADAV v. STATE OF U.P. THRU PRIN.SECY. ENVIRONMENT FORESTS AND CLIMATE CHANGE DEPTT. LKO AND ORS.

WRIC/8563/2025 · 2025-09-03

Manjive Shukla, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8563 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard. 2. The order which is impugned herein was subject matter of challenge in Writ-C No.32865 of 2024 [Ashish Kumar Yadav vs. State of U.P. & Ors.] filed by the petitioner herein which has been disposed of on 30.09.2024 in the following terms:- "1. The petitioner has challenged the closure order dated 13.08.2024 passed by respondent no.2 i.e., U.P. Pollution Control Board. The order also recommends for disconnection of the electricity and water supply to the unit, in order to enforce the closure order. 2. Learned counsel for U.P. Pollution Control Board has placed on record an order dated 23.08.2024 passed by National Green Tribunal, Principal Bench, New Delhi in Original Application No.294 of 2023 wherein the name of the petitioner-Unit is mentioned at Serial no.7 in paragraph no.25 of the order as one of the units in respect of which the Pollution Control Board had taken action. The said order, according to learned counsel for U.P. Pollution Control Board gives liberty to the petitioner to move appropriate application before NGT or challenge the action taken by the U.P. Pollution Control Board by filing appeal under the relevant statute. . 3. Shri B.D. Pandey, learned counsel for the petitioner, in the circumstances aforesaid, prays for withdrawal of the instant petition with liberty to the petitioner to Versus Counsel for Petitioner(s) : Jalaj Kumar Gupta, Mehdi Khan, Mohd. Aslam Khan Counsel for Respondent(s) : C.S.C., Ashok Kumar Verma, Chandra Shekher Pandey M/S Ashish Kumar Yadav (Horn Ok Eat) Thru Proprietor Ashish Kumar Yadav .....Petitioner(s) State Of U.P. Thru Prin.Secy. Environment Forests And Climate Change Deptt. Lko And Ors. .....Respondent(s) avail other remedies. 4. Accordingly, the petition is disposed of as withdrawn with liberty in terms of the prayer made. " 3. The filing of the writ petition has been disclosed in para no.1 but surprisingly enough this second petition has been filed. On being confronted, learned counsel for the petitioner submitted that he may be permitted to withdraw this writ petition. 4. Accordingly, the petition is dismissed as withdrawn, however, with the caution that in future, learned counsel should be more cautious. September 3, 2025 Shanu/- WRIC No. 8563 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench