M/S NEW PRIYA ENT UDYOG AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/24545/2025 · 2025-07-28
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79781 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79781 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:125345-DB Court No. - 29 Case :- WRIT - C No. - 24545 of 2025 Petitioner :- M/S New Priya Ent Udyog And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Arvind Kumar Singh, learned counsel for the petitioners, Shri Mehul Khare, learned counsel for the respondent nos. 2 and 3, Ms. Uttara Bahuguna, learned A.C.S.C. for the State respondent.
2. The present writ petition is preferred inter-alia for the following reliefs:-
"I. Issue writ order or direction in the nature of Mandamus directing the Regional Officer, U.P. Pollution Control Board, Aligarh respondent No. 3 to grant consolidation consent & Authorization certificate (CCA certificate) to the petitioners within stipulated time after due
consideration of certificate granted by the Geology & Mining Department, U.P.: So, petitioners may enable to run their brick kiln situated at Village; Raipur Daheli, Tahsil: Gabhana, District Aligarh. b. Issue writ, order or direction in the nature of mandamus directing the Regional Officer, U.P. Pollution Control Board, Aligarh respondent no. 3 to conisder the claim of the petitioners and take decision thereon wsithin stipulated time."
3. At the very outset, learned counsel for the respondent raised preliminary objection to the maintainability of the writ petition on the ground that earlier for the same set of relief, petitioners have preferred Writ-C No. 10222 of 2025, wherein the demand notice dated 01.10.2024 and order dated 28.01.2021 passed by the Chief Environment Officer, U.P. Pollution Control Board were under challenge and the second relief was for a direction to the Regional Officer, U.P. Pollution Control Board, Aligarh to grant consolidated Consent & Authorization Certificate (CCA Certificate) to the petitioners within stipulated time after due consideration of
certificate granted by the Geology & Mining Department, U.P., so that petitioner may enable to run their brick kiln situated in village Raipur Daheli, Tahsil Gabhana, District Aligarh.
4. He submits that the said writ petition was entertained by the Division Bench of this court and vide order dated 08.04.2025 passed in Writ-C No. 10222 of 2025 the recovery in pursuance of demand notice dated 01.10.2024 has already kept in abeyance. The second relief has also been entertained vide order dated 07.02.2024 & 18.02.2025 passed in Writ-C No. 1525 of 2024. He further submits that the subsequent writ petition is totally misconceived, the same may be treated as second writ petition for the same cause of action.
5. Confronted with the situation, learned counsel for the petitioners submits that the instant writ petition may be dismissed as not pressed and relief may be accorded to press the relief in the ongoing proceeding.
6. In view of above, the instant writ petition is dismissed as not pressed with the liberty as prayed for.
Order Date :- 29.7.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad