BJC No. 1 held the writ petition not maintainable due to the availability of a statutory appeal under Section 31 of The AIR Act, 1981.
Writ petition dismissed with liberty to approach the authority concerned via statutory appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- WRIT - C No. - 31872 of 2019
Petitioner :- Munendra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri R.K. Verma, learned counsel for the petitioner, Sri H.N. Tripathi, learned counsel for the respondent Nos.2, 3 and 4, learned Standing Counsel for respondent no.1 and perused the record.
At the very outset learned counsel for the respondents has raised preliminary objection regarding maintainability of the writ petition as there lies statutory appeal under Section 31 of The AIR (Prevention and Control of Pollution) Act, 1981.
The petitioner does not dispute the above provision of law.
In view of the efficacious alternative remedy in terms of statutory appeal being available to the petitioner under the aforesaid Act, the writ petition is dismissed with liberty to the petitioner to approach the authority concerned.
It is, however provided that in case petitioner prefers an appeal within the period of three weeks from today, the same shall be considered and decided on merits within further period of four weeks.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 30.9.2019 Gaurav
1 provisions across 1 enactments
Munendra
State Of U.P.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
