Neutral Citation No. - 2025:AHC:89224-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 29) Court No. - 21 Case :- WRIT - C No. - 16228 of 2025 Petitioner :- M/S Ashirwad Stone And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devansh Misra,Kaushal Kumar Singh Counsel for Respondent :- C.S.C.,J. N. Maurya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioners feeling aggrieved by a recovery notice dated 28.3.2025 issued by Regional Officer, U.P. Pollution Control Board requiring the petitioners to pay Rs. 7,06,250/- as environmental compensation have filed the instant petition. 2. It seems that a complaint regarding illegal mining and causing environmental pollution is pending against the petitioners by way of O.A. No. 457 of 2024 before National Green Tribunal, New Delhi. The order dated 25.9.2024 of NGT reveals that a show cause notice dated 12.1.2024 issued to the petitioners stood revoked but at the same time U.P. Pollution Control Board (in short 'UPPCB') was directed to submit report regarding steps taken against the petitioners for recovery of environmental compensation. 3. The proceedings before NGT are still pending. During the pendency of the proceedings the impugned order came to be passed. The foundation of the impugned order is the same show cause notice dated 12.1.2024 which as noted above, stood withdrawn. The submission is that in such circumstances the impugned order is manifestly illegal. 4. Sri J.N. Maurya, learned counsel appearing for the UPPCB submits that entire action is being taken in pursuance of the orders issued by NGT from time-to-time. He submits that in case any action taken by UPPCB against the petitioner is in any manner illegal, it is open to the petitioner to challenge the same before NGT in the pending proceeding. 5. Sri Devansh Mishra, learned counsel for the petitioner does not dispute that the proceedings before the NGT are still pending and the next date fixed in the case is 21.7.2025. He therefore, fairly prays for withdrawal of the writ petition with liberty to the petitioners to move appropriate application before NGT for assailing the impugned order. He submits that since 21.7.2025 is the next date fixed in the case therefore, in the meantime, the interest of the petitioners be protected. 6. Accordingly, the petition stands disposed of with liberty to the petitioners to challenge the impugned order before NGT in pending proceedings or by moving independent application, as may be advised. 7. As it is not disputed before us that the next date fixed before NGT is 21.7.2025 therefore, it is further provided that till the next date the UPPCB will not take any coercive action against the petitioner in pursuance of the impugned order. Order Date :- 26.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad