Rajasthan High Court - Jodhpur
M/S Shree Shyam Kilan Company (Old Name ... vs Rajasthan State Pollution Control ... on 6 January, 2023
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16810/2022
M/s Shree Shyam Kilan Company (Old Name Mohanlal Int
Udyog), Chak 3 Kd B, Rawla, Sri Ganganagar Through Its
Proprietor Smt. Smradhi Singhal W/o Shri Sourabh Singhal,
Aged About 27 Years, Resident Of 8 Psd - B, Tehsil Rawla,
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 ARUN BHANSALI
Order 06/01/2023 Learned counsel for the petitioner submits that in similar nature writ petition being SBCWP No.15928/2022 : Satguru Int Udhyog vs. Rajasthan State Pollution Control Board & Ors., a Coordinate Bench of this Court while issuing notices has granted interim order.
In the case of Satguru Int Udhyog (supra), a Coordinate Bench of this Court directed as under:
"Learned counsel for the petitioner submits that the controversy involved in the present case is identical to the (Downloaded on 06/01/2023 at 09:43:28 PM) (2 of 2) [CW-16810/2022] 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 urther 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. 16) 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."
In view of submissions made, issue notice. Issue notice of stay petition as well.
Additionally, copy of writ petition be served on Mr. Sajjan Singh Rathore, who appears for respondent Department in CWP No.15928/2022.
In the meanwhile and till the next date, the recovery in question pursuant to order dated 07.10.2022 (Annex.-13) against the petitioner shall remain stayed.
The respondents would be free to seek vacation of interim order after filing reply to the petition.
Office is directed to reflect the name of Mr. Sajjan Singh Rathore, as counsel appearing for respondent Board in the cause list.
List the petition alongwith SBCWP No.15928/2022.
(ARUN BHANSALI),J 54-PKS/-
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