Chief Justice's Court
Case :- WRIT - C No. - 25268 of 2018 Petitioner :- M/S New Ma Sharda Stone Mill And 4 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Devbrat Mukherjee Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Devbrat Mukherjee, learned counsel for the petitioners and Mr. Hari Nath Tripathi, learned counsel for respondent Nos. 2, 3 and 4.
Counsel appearing for the respondent-Board, at the outset, raised a preliminary objection as to the maintainability of the writ petition on the ground that a statutory remedy of appeal is available under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 against the order impugned in the present writ petition. Though counsel appearing for the petitioners admits that a remedy of appeal is available, he submits that since the order impugned is without jurisdiction, writ petition is also maintainable. We are not inclined to entertain the writ petition on this ground. Though he made an attempt to make some submissions on merits, we are not entering into merits of the case and dismissing this writ petition with liberty to the petitioners to take a remedy of appeal.
Order Date :- 31.7.2018 VMA (Dilip B Bhosale, CJ) (Yashwant Varma, J)