HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- WRIT - C No. - 32903 of 2019
 
Petitioner :- Raju
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rakesh Kumar Verma
 
Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
 

 
Hon'ble Biswanath Somadder,J.

Hon'ble Ajay Bhanot,J.

Heard Sri R.K. Verma, learned counsel for the petitioner, Sri H.N. Tripathi, learned counsel for the respondents nos. 2, 3 and 4, learned Standing Counsel for respondents no.1 and 5 and perused the record.

At the very outset learned counsel for the respondents has raised preliminary objection regarding maintainability of the writ petition as there lies statutory appeal under Section 31 of The AIR (Prevention and Control of Pollution) Act, 1981.

The petitioner does not dispute the above provision of law.

In view of the efficacious alternative remedy in terms of statutory appeal being available to the petitioner under the aforesaid Act, the writ petition is dismissed with liberty to the petitioner to approach the authority concerned.

It is, however provided that in case petitioner prefers an appeal within the period of three weeks from today, the same shall be considered and decided on merits within further period of four weeks.

Order Date :- 17.10.2019 Pravin (Biswanath Somadder,J.) (Ajay Bhanot,J.)