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2017 Supreme(Ori) 568

SANJU PANDA, SUJIT NARAYAN PRASAD
Kalia Sethi – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ashok Mohanty (Sr. Advocate), M/s. B. K. Nayak, S. K. Jena & L. Pradhan M/s. Prafulla Kumar Rath, R. N. Parija, A. K. Rout, A. Behera, P. K. Sahoo, S. K. Behera, A. K. Behera, S. K. Pattnaik and B. K. Dash M/s. Sidhartha Das, P. R. Singh and A. K. Mohanty M/s. Arun Kumar Patra and B. Shadangi M/s. J. Sahoo and S. Senapati M/s. Jugal Kishore Panda, T. K. Acharya, B. Pasayat and P. K. Behera (in M/s.Umesh Chandra Patnaik, S. D. Mishra, S. Patnaik and M. R. Sahoo
For the Opp. Parties :M/s. S. K. Mishra, S. K. Joshi and S. K. Lenka. Mr. Sangramjeet Senapati M. S. Sahoo, Addl. Government Advocate.

JUDGMENT :

S. N. Prasad, J.

1. In all these batch of writ petitions the issue regarding jurisdiction of National Green Tribunal and the Machineries to control the pollution under the Environment Act is under challenge, as such all the writ petitions have been decided to be heard together and accordingly heard together and the same are being disposed of by this common order.

2. In these batch of writ petitions there are two sets of writ petitions–in the first set of writ petitions the order passed by the National Green Tribunal as well as the show cause notice issued by the Pollution Control Board are under challenge.

In the second set of writ petitions the order of closure of units as well as the order of the National Green Tribunal, basis upon which the units of the petitioners have been closed, are under challenge.

3. The fact of the cases are that the petitioners are exclusive privilege (licence) holders of main out still liquor shop, licence for the manufacture and sale by retailer of the country spirit in a shop on the out still system since 2005-06 and are carrying on their business as per the licence granted by the State Authorities under the State Excise Laws. While the petition


























































































































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