M/S. Jai Bricks vs Rajasthan State Pollution Control ... on 20 January, 2023

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Rajasthan High Court - Jodhpur

M/S. Jai Bricks vs Rajasthan State Pollution Control ... on 20 January, 2023

Bench: Vinit Kumar Mathur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 1171/2023

M/s. Jai Bricks, Chak 68/2 G.B. Tehsil Anoopgarh, District
Ganganagar Through Its Proprietor Jugal Singh Panwar S/o Shri
Devi Singh Panwar, Aged About 40 Years, Resident Of Chak 68/2
GB, Tehsil Anoopgarh, 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 20/01/2023 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 further submits that presently the consent for operation of the Brick Kiln is in favour of the petitioner. (Downloaded on 21/01/2023 at 12:50:16 AM)

(2 of 2) [CW-1171/2023] 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 21.11.2022 (Annex.12) 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.

Let the name of Mr. S. S. Rathore be shown in the cause-list as learned counsel for the respondents.

List the matter on 13.02.2023 along with S.B. Civil Writ Petition Nos.15931/2022 & 16610/2022, as prayed.

(VINIT KUMAR MATHUR),J 38-Shahenshah/-

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Rajasthan High Court - Jodhpur