M/S DILEEP BUILDCON LTD v. STATE OF U.P. AND 4 OTHERS
WRIC/25222/2025 · 2025-07-30
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79578 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128264-DB Court No. - 29 Case :- WRIT - C No. - 25222 of 2025 Petitioner :- M/S Dileep Buildcon Ltd Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushagra Agrawal,Saurabh Singh Counsel for Respondent :- C.S.C.,J. N. Maurya Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Kushagra Agrawal, learned counsel for the petitioner, Sri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondent nos.1 & 2 and Sri J.N. Mauya, learned counsel for respondent nos.3 and 4.
2. The instant writ petition has been preferred interalia with the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned letters no.H07161 & H07201 both dated 19.02.2024 issued by respondent no.3/Chief Environment Officer (Circle-2), U.P. Pollution Control Board, Lucknow. (ii) to issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to permit the petitioner to run the sand stone (building stone mine) located at Arazi No.732 of Village-Bhawatidai, Tehsil-Chunar, Mirzapur on the basis of Environment Clearance i.e. CCA or Consent to Operate/Air (C.T.O.) granting vide letter no.135010 dated 30.09.2021 as well as C.T.O./Water granted vide letter no.13507 dated 30.09.2021 by respondent no.3. (iii) to issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case. (iv) to award the cost of writ petition throughout in favour of the petitioner."
3. At the outset, learned counsel for the petitioner placing reliance on Division Bench judgment passed in bunch of writ petitions, of which leading writ petition is Writ C No.38429 of 2024 (M/s Mohd. Shamshad v. State of U.P. and others) states that the issue involved in the instant writ petition is squarely covered by the aforesaid judgment, hence, similar indulgence may be extended in favour of the petitioner.
4. Learned counsel for the respondents have not disputed the aforesaid submission advanced by learned counsel for the petitioner.
5. In the aforesaid factual situation, we hereby allow the instant writ petition in terms of judgment passed in the matter of Mohd. Shamshad (supra). Order Date :- 31.7.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad