M/S VP AND COMPANY THROUGH ITS PROPRIETOR VIVEK PRAKASH SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIC/5053/2025 · 2025-03-05
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20814 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32263-DB Court No. - 21 Case :- WRIT - C No. - 5053 of 2025 Petitioner :- M/S Vp And Company Through Its Proprietor Vivek Prakash Singh Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Aditya Shanker Mishra,Saurabh Kesarwani Counsel for Respondent :- Somya Chaturvedi,C.S.C.,Hari Nath Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Aditya Shanker Mishra, learned Advocate assisted by Sri S.D. Singh, for the petitioner through video conferencing and learned Standing Counsel on behalf of the State-respondents.
2. The petitioner has prayed for quashing of the order dated 06.06.2024 passed by Member Secretary, U.P. Pollution Control Board, Lucknow, and also order dated 22.01.2021 issued by respondent no. 2 and for a direction to the respondents to decide the representation of the petitioners' dated 13.12.2023 and permit the petitioner to resume the operation of brick kiln.
3. It is admitted that the petitioner has already filed statutory appeal under Section 31 of Air (Prevention and Control of Pollution) Act, 1981 and the same is pending.
4. Counsel for the petitioner submits that the instant petition was filed as the Appellate Authority was not functional.
5. Learned counsel for U.P. Pollution Control Board has placed before us an office memo dated 04.02.2025 issued by State of U.P. Environment, Forest and Climate Change Department designating
Ramaiya R, Special Secretary of the Department as Appellate Authority.
6. Learned counsel for the petitioner very fairly submits that in view of the designation of appellate authority, the cause does not survive so far as the present petition is concerned. He submits that the petitioner will pursue the appeal pending before the appellate authority. He prays a direction to the appellate authority to decide the appeal expeditiously.
7. Having regard to the facts noted above, we dispose of the instant petition by provided that all endeavor be made to decide the appeal expeditiously providing the petitioner does not seek any unnecessary adjournment and co-operates in its disposal. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.3.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad