M/S AKHILANAND MISHRA AND ASHISH KUMAR TIWARI v. STATE OF UTTAR PRADESH AND 5 OTHERS
WRIC/11531/2025 · 2025-04-16
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40651 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40651 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57141-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.32) Court No. - 21 Case :- WRIT - C No. - 11531 of 2025 Petitioner :- M/S Akhilanand Mishra And Ashish Kumar Tiwari Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Anup Shukla,Devansh Misra Counsel for Respondent :- C.S.C.,J. N. Maurya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has assailed two orders of the even date i.e., 21.02.2024. The first one is a closure order for closure of the mining unit of the petitioner and the second one is for imposing environmental compensation. The submission is that the petitioner had submitted a detailed reply in pursuance of the show cause notice but there is absolutely no consideration of the reply submitted by the petitioner except for an observation that the reply was not satisfactory. It is urged that specific submissions made by the petitioner in response to show cause notice, having not been considered, the order is illegal, being in breach of principles of natural justice. 2. It is submitted in identical facts and circumstances where similar orders of same date by the same Authority were under challenge, this Hon'ble Court has allowed the writ petitions, leading one being Writ C No. 38429 of 2024 and the matter has been remitted back to the Authority for a fresh consideration. It is urged that similar order may be passed in the instant case as well. 3. Sri Mehul Khare has appeared on behalf of respondents no. 4 and 5 and he does not dispute that the facts of the instant case are similar and that similar orders were under challenge in the aforesaid writ petitions. 4. The operative part of the order dated 03.12.2024 passed in the aforesaid writ
petitions is as follows:
"12. In view of the above discussion, the petitions succeed and are allowed. 13. The closure orders dated 19.02.2024 and the consequential orders imposing environmental compensation are hereby quashed. 14. The petitioners shall be provided with copy of the inspection report along with other material on which the respondents seek to reply upon within a period one week from today. The petitioners shall have two weeks to reply to the same. Thereafter, the Authority will pass fresh order within next two weeks. 15.
The issue as to whether the Board has power to impose environmental compensation is left open for being decided in appropriate proceedings, if the occasion so arises."
5. Having regard to the undisputed factual position that similar orders are under challenge and the facts of the case are also identical, we dispose of the instant petition in same terms. Order Date :- 17.4.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad