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2016 Supreme(MP) 824

RAJENDRA MENON, ANJULI PALO
HK Kalchuri and Education Trust – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Siddharth Gupta.

JUDGMENT :

1. Shri Siddharth Gupta, learned counsel for the petitioner.

2. Shri Amit Seth, learned Government Advocate for the State, on advance notice.

3. Shri Amit Seth, Government Advocate raises a preliminary objection with regard to maintainability of this Writ Petition under Article 226/227 of the Constitution, primary on the ground that against the order passed by the National Green's Tribunal under the National Green Tribunal Act, 2010 a right to appeal under Section 22 is available and when a right to appeal under Section 22 is available, it is argued that a writ petition directly before this Court is not maintainable.

4. Reply to the said oral preliminary objection have been filed by the counsel for the petitioner and it is pointed out by Shri Siddharth Gupta, learned counsel that in this case an order adverse to the petitioner had been passed by the National Green Tribunal without notice to the petitioner, without hearing them behind their back and the order is passed in violation to the principle of natural justice, detailed averments are made in the writ petition to say that notice were never served on the petitioner, it is only through News Paper reporting that petitioner







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