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2025 DAILYLAW 94779 (ALL)

M/S ANIL KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/32699/2025 · 2025-10-07

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32699 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Mahendra Singh, learned counsel for the petitioner, Sri Mehul Khare, learned counsel appearing on behalf of U.P. Pollution Control Board. 2. The instant writ petition has been preferred praying inter alia for the following relief: "1. Issue a writ, order or direction in the nature of certioari quashing the impugned order dated 16.07.2025 passed by the Environment Engineer, U.P. Pollution Control Board, Circle-6, Gorakhpur, District-Gorakhpur. " 3. At the outset, learned counsel for the respondent - U.P. Pollution Control Board has raised an objection qua the maintainability of the instant writ petition on the premise against the order impugned dated 16.07.2025 having efficacious remedy under section 21/22 of the Air (Prevention and Control of Pollution) Act, 1981 as amended and Authorization under the provisions of Hazardous and other Wastes (Management and Transboundry Movement) Rules, 2016. 4. He submits that once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum. 5. Considering the factual situation and the objection so raised by learned counsel for the U.P. Pollution Control Board, we are not inclined to entertain the instant writ petition. 6. However, considering the facts and circumstances of the case and in the Versus Counsel for Petitioner(s) : Mahendra Singh Counsel for Respondent(s) : C.S.C., Hari Nath Tripathi M/S Anil Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) interest of justice, the instant writ petition stands disposed of with the liberty that in case the petitioner moves appropriate appeal in accordance with law under the Air (Prevention and Control of Pollution) Act, 1981 within a period of two weeks from today, we expect that the Appellate Authority shall consider the same in accordance with law. October 8, 2025 Sumit S WRIC No. 32699 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad