Neutral Citation No. - 2025:AHC:93634-DB Court No. - 21 Case :- WRIT - C No. - 18007 of 2025 Petitioner :- M/S Khakhi Baba Construction Company Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ayush Mishra,Mukesh 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 petitioner has assailed two orders of the even date i.e., 19.02.2024. The first one is a closure order for closure of the mining units of the petitioner and the second one imposes environmental compensation. The submission is that the consent-to-operate was valid till 31.12.2027. The Uttar Pradesh Pollution Control Board got some inspection of the units carried out behind the back of the petitioner. Even inspection report was not provided nor show cause notice was served. The petitioner could not submit any reply for the said reason. The respondents have passed number of identical orders with respect to several mining units in cursory manner. 2. It is submitted that 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 Writ C No. 38429 of 2024) on the ground that adverse material i.e., inspection reports etc. was not supplied and the reply filed by the petitioners in those case was not properly considered by the Authority. The matter has been remitted back to the Authority for a fresh consideration. The instant case is an extreme example of non application of mind as even, no reply was filed by the petitioner, the order records that reply was not satisfactory. It is urged that similar order may be passed in the instant case as well. 3. Sri J.N. Maurya has appeared on behalf of respondents no. 3 and 4 and he does not dispute that similar orders were under challenge in the aforesaid writ petitions, which were quashed by this Court for non supply of adverse materials and non application of mind. 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 aforesaid undisputed factual position, we dispose of the instant petition also in terms of the order passed in Writ C No. 38429 of 2024 and other connected cases. Order Date :- 30.5.2025 Mukesh Kr. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad