HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 19042 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Ram Tiwari, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Sri Alok Tripathi, learned counsel for the U.P. Pollution Control Board. 2. The instant writ petition is preferred questioning the validity of the order impugned dated 23.07.2025 passed by the Chief Environment Officer (Zone-4), U.P. Pollution Control Board, Aligarh (Annexure-1) whereby the petitioner's shop has been sealed. Learned counsel for the petitioner submits that the petitioner is running a small shop, which is registered as small scale industry (Laghu Udyog) with very low investment, by using simple tools and machines for finishing work and making keys smooth and shiny. He is in the said business for the last thirty years. In some arbitrary manner, the respondent no. 6, who is Police Constable, had made a complaint on account of old enmity and the same was entertained on IGRS. The respondent authority passed the order impugned in a very arbitrary manner under Section 31 (A) of Air (Prevention and Control of Pollution) Act, 1981 (in short the 'Act, 1981'). He submits that the said order is not sustainable. 3. Per contra, Sri Alok Tripathi, learned counsel for the U.P. Pollution Control Board submits that as the petitioner is involved in manufacturing of keys with the use of chemicals, which requires due permission under the Act, 1981, nothing has been brought on record that any such Versus Counsel for Petitioner(s) : Ram Tiwari Counsel for Respondent(s) : C.S.C., Hari Nath Tripathi M/S Harshit Enterprises .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s) permission has been granted in favour of the petitioner. In absence thereof, the proceeding under the Act, 1981 has been initiated and the premises has been sealed. He fairly submits that in case, the petitioner complies the requirement/formality, as required under the Act, 1981, definitely, the same shall be redressed by the concerned authority in accordance with law. 4. Considering the facts and circumstances, at this stage, we are not inclined to advert the matter on merit. We leave it open to the petitioner to move appropriate application for due permission under the Act, 1981. We expect that the said application shall be processed by the Competent Authority and final decision is to be taken within three weeks from the date of receipt of the said application. 5. With the aforesaid observation, the instant writ petition stands disposed of. 6. Meanwhile, the seal of the premises except business, in case, other part of the house is being used for the dwelling purpose, the same shall be opened. May 14, 2026 gp WRIC No. 19042 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad