Balisingh Son Of Shri Phool Singh vs Harendrasingh Son Of Shri ...
2021 Latest Caselaw 183 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14634/2020

1.     Balisingh Son, aged about 48 years,
2.     Veeransingh, aged about 40 years,
3.     Bharatsingh, aged about 36 years,
4.     Roopsingh, aged about 55 years,
       All Sons of Shri Phool Singh, Resident Of Gram Bajna,
       Tehsil Rajakheda, District Dholpur (Raj)
                                                   ----Defendants-Petitioners
                                      Versus
1.     Harendrasingh, aged about 36 years,
2.     Mauhansingh, aged about 50 years
3.     Rambharatsingh aged about 39 years,
4.     Ravindrasingh, aged about 28 years,
       All Sons of Shri Bhanwarsingh, Residents of Rajakheda
       Silawat Road, Near Kushwaho Ki Thar, Babarpur, Tehsil
       Rajakhera, District Dholpur (Raj)
5.     Shyam Mauhan Son Of Shri Prahladsingh, Aged About 52
       Years,     Resident       Of     Bajna       Road,        Near   Ra.Pra.Vi.
       Bheempura, Babarpura, Tehsil Rajakheda, District Dholpur
6.     Vachansingh, Aged About 54 Years,
7.     Raju, aged about 50 years,
       Both Sons of Banshilal
8.     Sukhram, aged about 44 years.
9.     Santosh, aged about 46 years,
       Both Sons of Budhdsingh, Residents Of Rajakheda Silawat
       Road, Near Kushwaho Ki Thar, Babarpur, Tehsil Rajakhera,
       District Dholpur (Raj)
                                                           Plaintiff-Respondents

10. Malladevi Wife Of Shri Roopsingh, aged about 52 years, Resident Of Gram Bajna, Tehsil Rajakheda, District Dholpur (Raj)

----Defendant-Respondents

For Petitioner(s) : Mr.Manoj Kumar Bhardwaj, Adv.

Mr.Govind Upadhyay, Adv.

(2 of 2) [CW-14634/2020]

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

11/01/2021

Learned counsel for the petitioners submitted that the

impugned order dated 15.10.2020 has been passed by the Court

below by restraining the petitioner from making any construction

for starting the brick kiln.

Learned for the petitioner submitted that the petitioner

has been granted due permissions by all the Authorities including

the Pollution Board and there were other similar brick kilns which

are operating in the same area, however, the Court below without

having any jurisdiction to entertain the claim itself has passed the

ad-interim stay order.

Learned counsel places reliance on a judgment passed

by the Apex Court in the case of Ratnagiri Nagar Parishad vs.

Gangaram Narayan Ambekar & Ors. (2020)7 SCC 275.

Learned counsel on the strength of the said judgment submits

that the Civil Court does not have jurisdiction in the environmental

issues and exclusive jurisdiction is conferred in National Green

Tribunal.

Issue notice of the writ petition as well as stay

application, returnable on 09.02.2021. Notices be given 'dasti', if

prayed.

In the meantime, effect and operation of the impugned

order dated 15.10.2020 shall remain stayed.

(ASHOK KUMAR GAUR), J

Himanshu Soni/15/Ramesh Vaishnav

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