Avdhesh Kumar @ Awadhesh Kumar v. STATE OF U.P. THRU PRIN.SECY. ANIMAL HUSBANDRY DEPTT. LKO AND ORS.
/8460/2024 · 2025-11-24
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189963 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189963 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8460 of 2024 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE SUBHASH VIDYARTHI, J.
1. Heard.
2. After hearing the parties including Sri Raj Kumar Singh, Advocate who has filed an application for impleadment, what we find is that, in essence, this petition is directed against Sri Himanshu Kumar Singh who is alleged to be operating a poultry farm in a residential area and in this regard, a letter has been written by Regional Officer, U.P. Pollution Control Board to the S.D.M., Tehsil-Ramsnehi Ghat, District-Barabanki for taking action under Section 133 Cr.P.C. which has now been substituted by Section 152 B.N.S., 2023.
3. We dispose of this petition with a direction to the Pollution Control Board to ascertain whether the number of birds in the poultry farm, if it is running, is less than twenty five thousand or more and take such decision as may be required but only after hearing the affected parties represented by Sri Raj Kumar Singh, Advocate and in accordance with law. If it is less than twenty five thousand then it shall pass an order in this regard and communicate it to the petitioner but in either eventuality as the case has been registered under Section 152 B.N.S., 2023 on the letter of Pollution Control Board, the said proceedings can go on in accordance with law subject to any right to challenge the same as may be available to the client of Sri Raj Kumar Singh, Advocate, namely, Sri Himanshu Kumar Singh. We have not at all entered into the merits of the allegations which will be seen by the concerned authorities aforesaid. An expeditious decision is Versus Counsel for Petitioner(s) : Durgesh Kumar Shukla Counsel for Respondent(s) : C.S.C., Ashok Kumar Verma Avdhesh Kumar @ Awadhesh Kumar .....Petitioner(s) State Of U.P. Thru Prin.Secy. Animal Husbandry Deptt. Lko And Ors. .....Respondent(s)
expected. Client of Sri Raj Kumar Singh, Advocate can join the proceedings under Section 152 B.N.S., 2023 and take such defence and raise such objections as may be permissible in law. November 24, 2025 Shanu/- WRIC No. 8460 of 2024 2 (Subhash Vidyarthi,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench