M/S. Balaji Suppliers (Old Name Brar ... vs Rajasthan State Pollution Control ... on 15 November, 2022

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Rajasthan High Court - Jodhpur

M/S. Balaji Suppliers (Old Name Brar ... vs Rajasthan State Pollution Control ... on 15 November, 2022

Bench: Vinit Kumar Mathur

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 16934/2022

M/s. Balaji Suppliers (Old Name Brar Brick Kilan), Chak 5 Psd A,
Tehsil Rawla, District Sri Ganganagar Through Its Proprietor
Dayaram S/o Shri Prathviraj, Aged About 51 Years, Resident Of
Chak 14 K.d., Tehsil Rawla, District Sri Ganganagar, Rajasthan.
                                                                      ----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. Amit Kumar for
                                Mr. D.S. Thind
For Respondent(s)         :     Mr. S.S. Rathore



       HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 15/11/2022 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 16/11/2022 at 08:59:34 PM) (2 of 2) [CW-16934/2022] further submits that presently the consent for operation of the Brick Kiln is in favour of the petitioner.

Issue notice, returnable on 12.12.2022. 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. 11) 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 41-nitin/-

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Rajasthan High Court - Jodhpur