M/s Rana Ent Udyog, through its Prop. Javir Vs state of u.p. thru. addl. chief secy. env. forest climate change, lko and Ors.

Court No. - 1

Case :- WRIT - C No. - 1158 of 2023

Petitioner :- M/S Rana Ent Udyog, Through Its Prop. Javir Respondent :- State Of U.P. Thru. Addl. Chief Secy. Env. Forest Climate Change, Lko And Ors. Counsel for Petitioner :- Saryu Prasad Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Verma

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.

¶5

Heard Shri Saryu Prasad Tiwari, learned counsel for the petitioner, Shri Amitabh Kumar Rai, learned Additional Chief Standing Counsel for State-respondent no.1 and Shri Ashok Kumar Verma, learned counsel for Pollution Control Board/ respondent nos.2 to 4.

¶6

By means of the instant writ petition, the petitioner has challenged the order dated 26.02.2021 passed by the Regional Officer, U.P. Pollution Control Board, Bijnaur.

¶7

Shri Ashok Kumar Verma, learned counsel for Pollution Control Board has raised a preliminary objection against the maintainability of the writ petition on the ground, (i) that the order in question has been passed by an Authority at Bijnaur, which is outside the territorial jurisdiction of this Court and (ii) that the petitioner has remedy of filing an appeal against the order dated 26.02.2021 under Section 31 of the Air (Prevention and Control of Pollution) Act of 1981.

¶8

As the petitioner has a statutory remedy available against the order under challenge, we are not inclined to entertain the writ petition inspite of availability of statutory remedy.

¶9

The writ petition is, hereby, dismissed on the ground of availability of statutory remedy.

¶10

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

¶11

Order Date :- 14.2.2023 Arnima

¶12

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

M/s Rana Ent Udyog, through its Prop. Javir v. state of u.p. thru. addl. chief secy. env. forest climate change, lko and Ors.

Case brief

What is this about?

What did the court decide?

M/s Rana Ent Udyog, through its Prop. Javir v. state of u.p. thru. addl. chief secy. env. forest climate change, lko and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rafi Parvez Khan Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Govt. of U.P. Civil Secrt. Lko. and Others

U.P. Power Corporation Ltd. Thru. M.D.and Anr. Vs U.P. State Public Sevice Tribunal Thru. Registrar and Ors.

Naresh Dixit Vs State of U.P. Thru. Addl. Chief Secy. Home, Govt. of U.P. Lko. and Others

Ramhet Vs Sunita Devi and Another

Sayyed Mohd. Faizan Vs Hina Parveen

Sonam Devi and Another Vs Na