Disposed¶16

M/S Mahadev Baba Ent Udhyog v. Union of India and 4 Others

Allahabad HC1 Dec 2025WRIC/40215/2025

Case brief

AI extract

What is this about?

Allahabad High Court; WRIT - C No. 40215 of 2025; M/S Mahadev Baba Ent Udhyog v. Union of India; brick-kiln (Bhattha) closure; U.P. Pollution Control Board; Regional Officer Aligarh; notice and direction dated 17.09.2024; closure order dated 13.01.2025; certiorari; mandamus; trade name M/S Harikesh Shah Ent Udhyog; efficacious alternative remedy; statutory appeal; writ not entertained; disposed of with liberty to appeal; Mahesh Chandra Tripathi, J.; Kunal Ravi Singh, J.; December 1, 2025.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to file an appeal against the closure order dated 13.01.2025 before the competent authority in accordance with law; no relief granted on the merits of the challenge to the notice dated 17.09.2024. ¶16

M/S Mahadev Baba Ent Udhyog vs Union of India and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice and direction dated 17.09.2024 issued by Respondent No. 4 (Regional Officer, U.P. Pollution Control Board, Aligarh) should be quashed and the petitioner's brick-kiln restored to operation. +3 more

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Ratio / Principle

Considering the facts and the availability of a specific statutory appellate remedy, the Court found no justification to entertain the present writ petition at this stage.

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Key takeaways

If the petitioner is aggrieved by the closure order dated 13.01.2025, it is open to the petitioner to avail the remedy of appeal before the competent authority in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Writ-C No. 40215 of 2025, High Court of Judicature at Allahabad (Mahesh Chandra Tripathi and Kunal Ravi Singh, JJ.), decided December 1, 2025: M/S Mahadev Baba Ent Udhyog sought certiorari against a notice and direction dated 17.09.2024 issued by Respondent No. 4, the Regional Officer, U.P. Pollution Control Board, Aligarh, in pursuance of which its brick-kiln (Bhattha) had been forcefully closed, together with mandamus reliefs restraining harassment over the alleged earlier use of the trade name M/S Harikesh Shah Ent Udhyog and restraining coercive action. At the outset of the hearing, counsel for the U.P. Pollution Control Board produced a copy of the order dated 13.01.2025 issued by the Regional Officer, Regional Office & Laboratory, Aligarh, formally ordering closure of the brick-kiln unit, and submitted that the closure order was appealable under the statutory scheme. Holding that, in view of the availability of a specific statutory appellate remedy, there was no justification to entertain the writ petition at that stage, the Bench disposed of the petition, leaving it open to the petitioner to appeal against the closure order dated 13.01.2025 before the competent authority in accordance with law.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 40215 of 2025

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M/S Mahadev Baba Ent Udhyog

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.....Petitioner(s) Versus Union Of India And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Hari Kunwar Asthana, Yash Shekhar Counsel for Respondent(s) : A.S.G.I., C.S.C., Hari Nath Tripathi

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Court No. - 29

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HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J.

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Heard Shri Hari Kunwar Asthana, learned counsel for the petitioner, Shir Fuzail Ahmad Ansari, learned Standing Counsel for the Staterespondents and Shri Mehul Khare, learned counsel for the respondent Nos.2, 3 and 4 - U.P. Pollution Control Board.

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This writ petition has been filed praying inter alia for the following relief:

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"1-Issue a writ, order or direction in the nature of Certiorari quashing the impugned Notice and direction dated 17.09.2024 (Annexure No. 1) issued by the Respondent No. 4, the Regional Officer, Regional Office of the Uttar Pradesh Pollution Control Board, Aligarh with consequential effects of restoring the operation and running of the Petitioner's BrickKiln (Bhattha), which they have forcefully closed in pursuance of the said Notice;

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II- Issue a writ, order or direction in the nature of Mandamus commanding the concerned Respondent Authorities not to harass and pressurize the Petitioner for filing documents pertaining to the alleged use of the Trade name of M/S Harikesh Shah Ent Udhyog earlier, as he is neither aware about it nor it was possible for him, being minor prior to 01.08.2021 since his Date of Birth is 01.08.2003;

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WRIC No. 40215 of 2025

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III- Issue a writ, order or direction in the nature of Mandamus commanding the concerned Respondent Authorities not to take any coercive action against the Petitioner in pursuance of the aforesaid Notice and to permit the Petitioner for smooth operation and running of the Brick-kiln (Bhattha);"

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At the outset, Shri Mehul Khare, learned counsel appearing for the U.P. Pollution Control Board, has produced a copy of the order dated 13.01.2025 issued by the Regional Officer, Regional Office & Laboratory, U.P. Pollution Control Board, Aligarh, whereby the petitioner’s brick-kiln unit has been formally ordered to be closed. He submits that the said closure order is appealable under the statutory scheme and that the petitioner has an efficacious alternative remedy of filing an appeal against the order dated 13.01.2025.

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Considering the above facts, and in view of the availability of a specific statutory appellate remedy, we find no justification to entertain the present writ petition at this stage. However, if the petitioner is aggrieved by the closure order dated 13.01.2025, it shall be open for the petitioner to avail the remedy of appeal before the competent authority in accordance with law.

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With the aforesaid leave, the writ petition is disposed of.

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(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) December 1, 2025

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NLY

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

M/S Mahadev Baba Ent Udhyog v. Union of India and 4 Others

Case brief

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M/S Mahadev Baba Ent Udhyog v. Union of India and 4 Others

Case brief

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