M/S Shirdi Sai Eent Udyog vs State Of U.P. And 3 Others
2023 Latest Caselaw 16178 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:112117-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 14851 of 2023
 

 
Petitioner :- M/S Shirdi Sai Eent Udyog
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sharad Chand Rai
 
Counsel for Respondent :- CSC
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Sharad Chand Rai, learned counsel for the petitioner and Mr. S.C. Upadhyay, learned State Law Officer on behalf of the State-respondents.

2. Petitioner, namely, M/S Shirdi Sai Eent Udyog is running a brick kiln.

3. Petitioner's brick kiln is situated at Village-Mathura Nangal, Tehsil-Byana, District- Bulandshahr, which comes under the NCR Region (Urban Area).

4. On the basis of the averment contained in Paragraph No.4 of the supplementary affidavit, it is claimed that respondent no.3 i.e. District Magistrate, Bulandshahr, passed an order dated 11.1.2018, in which Pollution Department has made an objection that all the brick kilns are spreading the pollution very rapidly in the NCR Region and they should be closed.

5. On account of the order passed by respondent no.3, the Pollution Department has given instruction to close all the brick kilns of the district i.e. all NCR area. The said order is also brought on record as Annexure No.SA-1 to the supplementary affidavit indicating therein that petitioner's brick kiln has already closed since 11.1.2018, which finds place at serial no.235 of the report.

6. Learned counsel for the petitioner submitted that since passing of the said order, the petitioner is not running brick kiln, as such, the entire liability on the petitioner's firm is arbitrary. In support of his submission, he placed the Division Bench judgment of this Court entertaining the writ petition in similar facts and circumstances i.e. Writ- C No.5405 of 2019 (M/S Numbardar Ent Udyog and 11 Others Vs. State of U.P. and 3 Others) dated 5.2.2020.

7. Matter requires consideration by this Court.

8. All the respondents are accorded eight weeks' time to file response.

9. Rejoinder affidavit, if any, may be filed within one week thereafter.

10. List thereafter.

11. In case, petitioner deposits a sum of Rs.2,50,000/- within six weeks in pursuance of the order dated 15.5.2019 passed by respondent no.3 i.e. District Magistrate, Bulandshahr, the respondents are restrained to carry out any coercive action against the petitioner.

12. If petitioner fails to deposit the said amount within time as stipulated by this Court, the respondents are at liberty to proceed strictly against the petitioner.

Order Date :- 22.5.2023

Rameez