M/S C.I.Y. BRICK FIELD THRU. PROPRIETOR AMRIT HARIRAM YADAV v. STATE OF U.P. THRU. DISTRICT MAGISTRATE AMBEDKAR NAGAR AND 4 OTHERS
/9172/2025 · 2025-09-23
Brij Raj Singh, Sangeeta Chandra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164862 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164862 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9172 of 2025
Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Mohan Singh, learned counsel for the Gaon Sabha concerned. 2. This petition has been filed with the following main prayers:-
"i. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Party no.1 to 5 to permit the petitioner to runs the M/S C.I.Y Brick Field Company over the land gata No.110/0.510 hec. situated at Durgpur Jamlupuir, Tehsil Alapur, District Ambedkar Nagar, which is 600 mt away far from the village and established according to the terms and condition of the guide line issued by the Government from time to time and Up Pollution Control Board."
3. It has been submitted by learned counsel for the petitioner that Public Interest Litigation (PIL) No.366 of 2025 was filed by one Ran Vijay, alleging that brick-kiln was being run by the petitioner over Gata no.109, which is recorded as Nahar in the revenue records. The said petition was Versus Counsel for Petitioner(s) : Rajesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Mohan Singh M/S C.I.Y. Brick Field Thru. Proprietor Amrit Hariram Yadav .....Petitioner(s) State Of U.P. Thru. District Magistrate Ambedkar Nagar And 4 Others .....Respondent(s)
disposed of on 16.4.2025 on the basis of instructions placed before this Court by learned Additional Chief Standing Counsel that due action was taken for closure of the brick-kiln in question. The instructions were kept on record and the writ petition was disposed of without giving hearing to the petitioner. In pursuance of the said order passed by this Court, the respondents have stopped the brick-kiln of the petitioner which is situated at Plot no.110 which he had taken on lease from the recorded tenure holder. A copy of such lease agreement has been filed as Annexure-2 to the writ petition. 4. Learned Standing Counsel has placed before this Court the instructions sent by the Sub Divisional Magistrate, Aalapur, Ambedkar Nagar, which are taken on record.
In the said instructions, it has been stated that the Uppar Mukhya Adhikari, Zila Panchayat, Ambedkar Nagar vide order dated 24.3.2025 has informed the Sub Divisional Magistrate, Aalapur, Ambedkar Nagar that the petitioner was running the brick-kiln in Durgupur Development Block, Ramnagar, but without paying the licence fee to the Zila Panchayat and without taking 'No Objection Certificate' from the U.P. Pollution Control Board and in pursuance of the order passed by this Court in the aforesaid Public Interest Litigation, a team of police and revenue officials, along with Tehsildar, Aalapur, Assistant Environment Engineer, U.P. Pollution Control Board, Ayodhya, Junior Engineer, Zila Panchyat, Ambedkar Nagar and District Mining Officer, Ambedkar Nagar, conducted a joint inspection and found that the petitioner is running the brick-kiln without necessary papers/permissions. The petitioner's brick-kiln was closed as the petitioner could not show any of the papers required for running the brick-kiln. 5. It has been submitted by learned Standing Counsel that if the petitioner had any documents, he could have filed the same along with the writ petition. The petitioner has not filed any documents relating to the granting of permission by the District Mining Officer, U.P. Pollution Control Board and the Zila Panchayat along with the writ petition and it may be presumed that he does not have any documents with him. 6. Learned counsel for the petitioner has submitted that the petitioner has applied for 'No Objection Certificate' from the U.P. Pollution Control Board WRIC No. 9172 of 2025 2
and he has no information of any application having been made to the District Mining Officer. The soil is a minor mineral and is controlled by the U.P. Minor Mineral (Concession) Rules. 7. This writ petition is disposed of with a direction to the petitioner to approach all the statutory authorities and obtain the required licence/no objection certificate/permission and then run his brick-kiln.
September 23, 2025 Sachin WRIC No. 9172 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench