Allowed

Rasheed Car Jeep Repairing Works, v. Imran Modi

Rajasthan HC9 Dec 2019WRW/197/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a review petition where the previous order was passed in the petitioner's absence. It recalled the impugned order, directed the Statement Pollution Control Board to issue show cause notices and decide without coercion, and referred to a PIL regarding public land encroachment.

What did the court decide?

The order dated 03.10.2018 in WP No.10781/2017 is recalled. No coercive action to be taken against petitioners until the State Pollution Control Board decides on the show cause notice.

Rasheed Car Jeep Repairing Works, Vs Imran Modi — Writ and Judicial Review | Rajasthan HC (2019)

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[WRW-197/2018]

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(1 of 3)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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D.B. Review Petition (Writ) No. 197/2018

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Rasheed Car Jeep Repairing Works,

----Petitioner

Versus

Imran Modi

----Respondent

For Petitioner(s) : Mr.Rajesh Shah Bhawari For Respondent(s) : Mr.Rajesh Panwar, Mr.Manish Shishodia Mr.Rajat Dave

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/12/2019

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D.B. Review Petition (Writ) No. 197/2018:-

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The review petition has been filed by the review petitioner inter alia on the ground that the order dated 03.10.2018 was passed in his absence and the name of review petitioner’s counsel was not indicated in the cause list on the said date.

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Learned counsel for the respondent herein fairly also accepts the fact that the name of the learned counsel representing the writ petitioner has not been indicated in the cause list on the same date inspite of the writ petitioner having engaged the counsel and the counsel has filed ‘Vakalatnama’.

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Considering the submission, the review application is allowed and the order dated 03.10.2018 passed in D.B.Civil Writ Petition No.10781/2017 is hereby recalled.

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[WRW-197/2018]

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(2 of 3)

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D.B.Civil Writ Petition No.10781/2017:-

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Heard learned counsel for the respective parties.

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Learned counsel appearing for the State Pollution Control Board i.e. respondent No.4 submits that the car wash industry is now going in the Orange Category as per the directions issued by the Government of India in this regard. Since the numerous private respondents No.10 to 14 operating small car wash have been issued show cause notice by the State Pollution Control Board. It is asserted on behalf of the State Pollution Control Board that no response of the notice has yet been received by the Pollution Control Board from the aforesaid respondents.

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Learned counsel for the respondents No.10 to 14 is at liberty to respond to the show cause notices issued by the State Pollution Control Board. It is asserted on behalf of the respondents No.10 to 14 that necessary license from the civil authority has been obtained by them and therefore in the meantime these licenses may be brought to the notice of the State Pollution Control Board. Learned counsel for the respondents No.10 to 14 further asserts that the car wash conduct did not fall under the orange category. However, respondents No.10 to 14 intent to make application for necessary license. They are at liberty to do so and such application shall be made without prejudice to the contentions made.

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Reply to the show cause notice by the respondents may be made to the State Pollution Control Board within a period of one month from today and thereafter the State Pollution Control Board

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[WRW-197/2018]

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(3 of 3)

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shall forthwith deal with the matter and pass appropriate order within a further period of two months.

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With the aforesaid observations, the petition is disposed of. So far as encroachment on public land is concerned, it shall be open to the petitioner to make the necessary application to the PLPC of the concerned district, who shall act in terms of the judgment rendered in Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B.Civil Writ Petition (PIL) No.10819/2018 – vide order dated 30.01.2019]. We direct that no coercive action shall be taken against the review petitioners until a decision is arrived by the State Pollution Control Board, pursuant to the show cause notice.

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(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ

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30-Kshama Dixit/-

Rasheed Car Jeep Repairing Works, v. Imran Modi

Case brief

What is this about?

What did the court decide?

Rasheed Car Jeep Repairing Works, v. Imran Modi

Case brief

What is this about?

What did the court decide?

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