HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33002 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Ms. Shweta Pandey and Ms. Punita Pandey, learned counsel for the petitioner; Shri Devesh Vikram, learned Additional Chief Standing Counsel for State respondent no.1 and Shri J.N. Maurya, learned counsel for the UP. Pollution Control Board. 2. The instant writ petition is preferred with request to issue direction in the nature of mandamus directing the respondent no.2 to decide the application of the petitioner dated 03.09.2025. 3. Learned counsel for the petitioner submits that the petitioner is licensee of the firm M/s Zaki Int Udhyog and running a brick kiln at Gata No.590 situated at Village Didaula, Tehsil and District Amroha. As the class one soil is not available around Gata No.590, the petitioner moved an application before the Pollution Officer, Bijnor on 01.08.2024 for shifting the brick kiln from Gata No.590 to Gata Nos.596, 59 and 598. Again the petitioner has moved an application before the respondent no.2 on 03.09.2025, which is still pending consideration. 4. Earlier the matter was taken up on 19.09.2025 and on the said date, learned counsel for the respondents were directed to obtain instruction in the matter. 5. When the matter is taken up today, Shri Devesh Vikram, learned Standing Counsel has placed the detailed instruction dated 24.09.2025 sent by the Additional District Magistrate (Finance and Revenue), Amroha, which is Versus Counsel for Petitioner(s) : Punita Pandey, Shweta Pandey Counsel for Respondent(s) : J. N. Maurya, C.S.C. Mohammad Rizwan .....Petitioner(s) State of U.P. and Another .....Respondent(s) taken on record. A copy of the instruction is given to learned counsel for the petitioner. He submits that the request, as has been prayed for, is definitely in consonance with the notification No.921/55-Parya/12-94 (Parya)-11 Lucknow 27 June, 2012. He further submits that Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 requires a prior "consent to operate" from the Pollution Control Board for shifting the brick kiln from Gata No.590 to Gata Nos.596, 597 and 598 and the earlier consent granted to the petitioner is not legally valid for shifting the brick kiln. In case the petitioner applies then definitely the same would be considered by the competent authority in accordance with law. 6. Shri J.N. Maurya, learned counsel for the U.P. Pollution Control Board has also placed similar instruction, which is taken on record. 7. No useful purpose would be served in keeping the writ petition pending consideration. 7. In the facts and circumstances, we provide that in case the petitioner moves an appropriate application along with requisite fee and all relevant papers within three weeks from today, the same would be considered by the respondents strictly in accordance with law in further three months' time. 8. With the aforesaid observations, the instant writ petition stands disposed of. September 25, 2025 RKP WRIC No. 33002 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad