R.S.Garg, J.

1. This letters patent appeal has been filed under Clause 10 of the Letters Patent of the Patna High Court, by the Bihar State Pollution Control Board, being aggrieved by the order dated 15-9-2003 passed in CWJC No. 4122 of 2003 (reported in 2004 (1) Pat LJR 25) whereunder the learned single Judge has held that the decision to reject, the writ petitioners application was based on a ground which had no application to the case. The learned single Judge after quashing the Boards decision dated 13--5-2003 required the appellant to reconsider the writ petitioners application.

2. The necessary facts for disposal of the writ application are that the original petitioner Hiranand Stone Works is a proprietorship firm and is owned by Nand Kishore Tekriwal. The petitioner firm is registered as small scale industry unit having its registration No. 3-1-02643 -PMT-SSI dated 30-11-1982. The petitioner after being registered as SSI with financial assistance of Bihar State Financial Corporation, established a stone crusher for manufacturing stone chips at village Pakartalla. According to the petitioner, the original respondent Bihar State Pollution Control Board (for short Board