Sri Balaji Bricks Udhyog vs Rajasthan State Pollution Control ... on 20 October, 2022

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Rajasthan High Court - Jodhpur

Sri Balaji Bricks Udhyog vs Rajasthan State Pollution Control ... on 20 October, 2022

Bench: Vinit Kumar Mathur

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 15941/2022

Sri Balaji Bricks Udhyog, 11-Z, Gram Panchayat 9-Z, Sri
Ganganagar, Partnership Firm Through Its Partner Rajkumar
Verma S/o Shri Mohanlal Verma, B/c Verma, Aged About 34
Years, R/o 17-B Street No. 2, Ward No. 42/62, Kumhar Mohalla,
Sriganganagar.
                                                                       ----Petitioner
                                      Versus
1.     Rajasthan State Pollution Control Board, Through Its
       Member        Secretary,       Jhalana       Industrial       Area,    Jhalana
       Dungari, Jaipur.
2.     Envinronmental Engineer (Env. Com.), Rajasthan State
       Pollution Control Board, Headquarter 4 Institutional Area,
       Jhalana Dungari, Jaipur
3.     Regional Officer, Rajasthan State Pollution Control Board,
       Plot    No.     52       Sector      9/1,     Hanumangarh             Junction,
       Hanumangarh.
                                                                    ----Respondents


For Petitioner(s)           :    Mr. Hemant Jain
For Respondent(s)           :    Mr. S.S. Rathore



       HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 20/10/2022 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 20/10/2022 at 09:31:09 PM) (2 of 2) [CW-15941/2022] further submits that presently the consent for operation of the Brick Kiln is in favour of the petitioner.

Issue notice, returnable on 14.11.2022. 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. 18) 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.

(VINIT KUMAR MATHUR),J 431-payal/-

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Rajasthan High Court - Jodhpur