Mahaveer Brick Field Through Proprietor Puneet Kumar Mishra v. State of U.P. Thru Prin.Secy. Forests, Environment and Climate Change, Lucknow and Ors

Court No. - 7 Case :- WRIT - C No. - 917 of 2024 Petitioner :- Mahaveer Brick Field Through Proprietor Puneet Kumar Mishra Respondent :- State Of U.P. Thru Prin.Secy. Forests, Environment And Climate Change, Lucknow And Ors. Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.,Asit Srivastava Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Saurabh Lavania,J.

¶1The petitioner is aggrieved by order dated 21.12.2023 passed by respondent no.4 with the approval of the competent authority i.e., respondent no.3 refusing to accord consent and authorization to the petitioner to operate a brick kiln.

¶2Learned counsel for the U.P. Pollution Control Board points out that the order is appealable under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981.

¶3Learned counsel for the petitioner is not in a position to dispute the fact that the petitioner has alternative remedy of filing appeal.

¶4Consequently, we are not inclined to entertain the challenge, particularly, in view of the disputed questions of facts being sought to be raised before us. We relegate the petitioner to the remedy of appeal provided under the statute.

¶5The petition stands disposed of.

¶6At this stage, learned counsel for the petitioner submits that the appellate authority be directed to decide the appeal expeditiously, which the petitioner would be filing.

¶7Having regard to the said submission, we hereby provide that in case the appeal is filed within two weeks from today, it shall be decided on merits within next six weeks. (Saurabh Lavania, J) (Manoj Kumar Gupta, A.C.J.) Order Date :- 30.1.2024 Ankit. High Court of Judicature at Allahabad, Lucknow Bench