Court No. - 38
Case :- WRIT - C No. - 18956 of 2019 Petitioner :- M/S Prajjwal Enterprises Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tripathi,Praveen Kumar Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Gaurav Tripathi, learned counsel for the petitioner; Shri Mehul Khare, learned counsel for the respondents no. 2 & 3 and learned Standing Counsel for the State-respondent no. 1.
The petitioner runs a 'Dal Mill' and the U.P. Pollution Control Board (in short "The Board") exercising power under Section 21 and 22 of the Air (Prevention and Control of Pollution) Act, 1981 (in short "the Act"), after issuing notice under Section 31A of the Act has closed the establishment holding that such unit was being run without taking permission from the Board.
It is to be noted that any order passed by the Board is appealable under Section 31 of the Act. No material has been shown as to why this Court should bypass the statutory remedy which consists of experts in the field.
That being the case, the petitioner having an efficacious alternative remedy under the statute itself, we are not inclined to interfere.
The writ petition is, accordingly, dismissed. However, the petitioner may approach the concerned appellate authority and in case the limitation is over, the petitioner can always move an application under Section 5 of the Limitation Act.
Order Date :- 29.5.2019 Sunil Kr. Gupta (Saurabh Shyam Shamshery, J.) (Abhinava Upadhya, J.)