Allahabad HC Orders UPPCB to Decide Representation on Alleged Fraud in Brick Kiln Partnership Within Six Weeks [Read Order]
The Court noted that the Regional Officer had already forwarded a recommendation and disposed of the writ without examining the merits.
Brick klin - Taxscan
Brick klin - Taxscan
The Allahabad High Court directed the Uttar Pradesh Pollution Control Board (UPPCB) to take a final decision on the petitioner’s representation within six weeks. The Court noted that the Regional Officer had already forwarded his recommendation to the Chairman and therefore saw no need to keep the writ petition pending for further affidavits. The matter was accordingly disposed of with a time-bound direction.
The petitioner, Sanjiv Malik, had originally entered into an agreement with Jitendra Kumar, Shrawan Kumar, and Jitendra Singh to set up a brick kiln under the name M/s Shiv Brick Field-15 at District Shamli. Later,, Ajit Kumar joined the partnership with a 5% share while Malik retained 95%. A GST registration was thereafter issued jointly in 2017. After Ajit’s exit, three new partners Gaurav Malik, Nitin Kumar Tomar, and Vikas were inducted through a deed. Internal disputes resulted in Malik temporarily withdrawing and transferring his shares to Awadhesh Kumar, but upon resolution, he resumed his position.
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A fresh partnership deed was executed among Malik and the three partners for submission to GST authorities. However, on the same date, the other partners allegedly executed another partnership deed without Malik’s knowledge, removed his name, and obtained a new GST registration reflecting only their names.
Claiming this to be fraudulent, the petitioner approached the UPPCB seeking cancellation of the Air Pollution Control clearance, asserting that the brick kiln originally established by him was now being operated unlawfully by the other partners. His representation sought cancellation of the clearance and necessary action by the Board.
Appearing for the petitioner, Shashi Bhushan Mishra submitted that Malik was the original promoter of the brick kiln and continued to hold legitimate partnership rights until the alleged fraudulent exclusion. He argued that the partners’ actions amounted to deception and unauthorized operation of the unit. Since the petitioner’s representation seeking cancellation of the pollution clearance had already been acknowledged and forwarded by the Regional Officer to the UPPCB Chairman, a specific direction was necessary to ensure expeditious disposal of the matter.
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The Division Bench comprising Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh declined to keep the writ petition pending or seek further counter affidavits, noting that the only relief sought was a direction for expeditious disposal of the petitioner’s representation.
Without expressing any opinion on the merits of the underlying partnership dispute or the alleged fraud, the Bench directed that if the Regional Officer’s recommendation has already been placed before the Chairman, UPPCB, the Chairman must take a decision within six weeks from the date the petitioner presents a certified copy of the Court’s order.
The writ petition was thus finally disposed of.
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