M/S Bika Int Udyog vs Rajasthan State Pollution Control ... on 4 February, 2023

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Rajasthan High Court - Jodhpur

M/S Bika Int Udyog vs Rajasthan State Pollution Control ... on 4 February, 2023

Bench: Vinit Kumar Mathur

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 2065/2023

M/s Bika Int Udyog, (Old Name Satvinder Singh And Sons), Chak
49 Gb, 207/436, Tehsil Srivijaynagar, District Sri Ganganagar
Through Its Proprietor Devi Singh S/o Shri Bheru Singh, Aged
About 60 Years, Resident Of Chak 35 G.b., Tehsil Sri Vijaynagar,
District Sri Ganganagar.
                                                                      ----Petitioner
                                    Versus
1.     Rajasthan State Pollution Control Board, Through Its
       Member       Secretary,      Jhalana        Industrial       Area,    Jhalana
       Dungari, Jaipur.
2.     Environment Engineer (Env. Comp.), Rajasthan State
       Pollution Control Board, Headquarter, 4 Institutional Area,
       Jhalana Dungari, Jaipur.
3.     Appellate Authority, Air (Prevention And Control Of
       Pollution), Jaipur.
                                                                   ----Respondents


For Petitioner(s)         :     Mr. D.S. Thind
For Respondent(s)         :     Mr. S.S. Rathore



       HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 04/02/2023 Learned counsel for the petitioner submits that the controversy involved in the present case is identical to the controversy involved in S.B. Civil Writ Petition No. 9250/2022 (M/s Anil Bricks Company Vs. State of Rajasthan & Ors.) decided on 19.07.2022. Learned counsel further submits that huge penalty has been imposed upon the petitioner for the days on which the Brick Kiln of the petitioner was not in operation. He (Downloaded on 04/02/2023 at 11:27:09 PM) (2 of 2) [CW-2065/2023] further submits that presently the consent for operation of the Brick Kiln is in favour of the petitioner.

Issue notice. Issue notice of stay application also. Let an advance copy of the writ petition be served upon Shri S.S. Rathore, learned standing counsel for the Department.

Meanwhile and till the next date of hearing, the recovery in question in pursuance of the order dated 07.10.2022 (Annex.10) against the petitioner shall remain stayed.

It is made clear that Shri S.S. Rathore, learned standing counsel for the Department will be free to move an appropriate application for vacation of the interim order passed by this Court, if felt advised.

Connect with S.B. Civil Writ Petition Nos.15931/2022 & 16610/2022.

(VINIT KUMAR MATHUR),J 124-SanjayS/-

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Rajasthan High Court - Jodhpur