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2023 Supreme(Raj) 471

SAMEER JAIN
Khandelwal Paper Industries, A Registered Partnership Firm Acting Through Authorised Signatory Naveen Khandelwal – Appellant
Versus
Rajasthan State Pollution Control Board, Through Chairperson And Email Id- Chairperson@rpcb. nic. in – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajendra Prasad with Ms. Suruchi Kasliwal, Mr. Vikram Singh, Ms. Alisha Chopra.
For the Respondents: Mr. R.P. Singh with Mr. J. S. Shekhawat, Mr. Shashwat Purohit with Mr. Jai Vardhan Joshi, Mr. Sandeep Phatak, Mr. Jogaram, Mr. Neeraj Mathur, Mr. Vishnu Dutt Purohit.

JUDGMENT :

1. With the due consent of both the sides, the present batch of writ petitions involving common questions of facts and law, is being taken up for final disposal.

2. The lead case from the said batch is taken as S.B. Civil Writ Petition No. 11299/2022 titled as M/s Khandelwal Paper Industries vs. Rajasthan State Pollution Control Board and Ors.

3. By way of the present writ petition, the following reliefs are sought by the petitioner:

    (a) Quashing and setting aside of the impugned orders dated 14.07.2022 and 15.07.2022 passed by respondent nos. 1 and 2 i.e. Rajasthan State Pollution Control Board (hereinafter, RSPCB), whereby the RSPCB has directed the closure of the petitioner’s business.

(b) Quashing and setting aside of the impugned show cause notice(s) dated 12.04.2022 and 15.07.2022, issued by the respondent no.2, which pertained to the intended closure directions emanating from Section 31A of the Air (Prevention & Control of Pollution) Act, 1981 and Section 33A of Water (Prevention & Control of Pollution) Act, 1974 along with the quashing of the minutes of the meeting drawn by the RSPCB on 07.04.2022, 17.05.2022 and 21.07.2022.

(c) Issuance of a writ, direction or an

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