M/S Prem Nath Bansal And Company vs Rajasthan State Pollution ...
2022 Latest Caselaw 2138 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 8509/2019

M/s Prem Nath Bansal And Company
                                                                   ----Petitioner
                                    Versus
Rajasthan State Pollution Control Board
                                                                 ----Respondent

Connected With S.B. Civil Writ Petition No. 7776/2019 Smt. Magan Devi W/o Shri P.r. Meena

----Petitioner Versus Rajasthan State Pollution Control Board

----Respondent S.B. Civil Writ Petition No. 8510/2019 M/s Yashdeep Marble Pvt. Ltd.

----Petitioner Versus Rajasthan State Pollution Control Board

----Respondent

For Petitioner(s) : Mr. Lokesh Kumar Sharma, Adv. For Respondent(s) : Mr. Akhil Simlote, Adv.

Mr. Jaivardhan Singh Shekhawat, Adv. on behalf of Major R.P. Singh, Additional Advocate General (through video conferencing)

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

10/03/2022

Though, matter comes up on an application filed by the

respondent-Pollution Control Board & State, whereby application

under Article 226(3) of the Constitution of India has also been

filed.

(2 of 2) [CW-8509/2019]

Learned counsel for the respondents submits that the writ

petitions filed by the petitioners itself are not maintainable as

there is a statutory efficacious alternative remedy against order

dated 22.02.2019 impugned in the present writ petitions, passed

under Section 25/26 of the Water (Prevention and Control of

Pollution) Act, 1974 and under Section 21/22 of the Air

(Prevention and Control of Pollution) Act, 1981.

Learned counsel for the respondent-Mr. Akhil Simlote places

reliance on a judgment reported in 2010 (4) Western Law

Cases (Rajasthan) Page 412 (M/s Bahubali Stone Crusher

& 20 Ors. Vs. Rajasthan State Pollution Control Board) and

the said judgment being set-aside by the Division Bench of this

Court in D.B. Special Appeal Writ No.527/2010 (Rajasthan State

Pollution Control Board Vs. M/s Bahubali Stone Crusher)

vide order dated 23.11.2010.

Learned counsel for the petitioners may come prepared on

the next date of hearing.

Learned counsel for the respondents submitted that the

petitioner is also pursuing his contempt petition filed before this

Court and learned counsel-Mr. Lokesh Kumar Sharma submitted

that if contempt petition is listed, necessary adjournment will be

sought by him.

List on 23.03.2022.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86/Bhavnesh Kumawat

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