M/s G.S. Enterprises v. The State of Jharkhand & Ors.

CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the petitioner : For the State : ------ I.A. No.5231 of 2013 Mr. P.D. Agarwal, Advocate Mr. S.L. Agarwal, Advocate Mr. Saket Upadhyay, J.C. to A.A.G. 04/04.12.2013: In this I.A., the petitioner has prayed for stay of letter no.30 dated 05.11.2012. By the said letter the petitioner has been directed to close the brick kiln forthwith. It has been stated that the petitioner has challenged the said letter in the writ petition. The letter has been issued by a person who has got no authority and is wholly illegal and arbitrary and, as such, the said letter is liable to be stayed during pendency of this writ petition. The petitioner's prayer has been opposed by the respondents. It has been stated, inter alia, that the petitioner has been operating the said brick kiln in an ecologically sensitive zone according to the notification issued by the Central Government. Unless and until the matter is heard and finally decided, the letter cannot be declared bad and inoperative by way of an interim order. Having heard learned counsel for the parties and considered the submissions, I find substance in the contentions of learned counsel for the respondents. The petitioner has challenged the legality and authority of letter no.30 dated 05.11.2012 in the writ petition. In the meanwhile, -2- the petitioner has prayed for stay of the operation of the said order. The legality of the order is yet to be tested and claim of the petitioner to that regard is yet to be decided by this Court. Granting stay of the said order tantamounts to prima-facie declaring the said order as bad and illegal at this stage without hearing the writ petition on merit. Such prayer, thus, cannot be granted. I.A. No.5231 of 2013 is, accordingly, rejected. Shamim/ (Narendra Nath Tiwari, J.)