FAIJAL IQBALBHAI VAHORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, seeking quashing of the impugned order dtd. 3/12/2021 passed by Sub- Divisional Magistrate, Kheda under Ss. 133 and 138 of the Cr.P.C.

(2.) Heard learned advocates for the parties.

(3.) Learned Advocate Mr. B. N. Limbachia for the petitioner submitted that the petitioner has acquired all necessary permissions from concerned competent authorities at the time of starting the poultry farm. The Department of Animal Husbandry issued necessary Certificate at the relevant point of time. Time and again the petitioner has raised issued as regards non-cooperation of Gram Panchayat officials. He also submitted that Gujarat Pollution Control Board officials had made a visit to the poultry farm of the petitioner and a report with regard to the compliance with prescribed guidelines had been prepared on dtd. 3/12/2021. He also referred to the Environmental Guidelines for Poultry Farms issued by the Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Government of India, to support his submissions. He submitted that the impugned orders passed by the respondent no.2 are unjust, perverse without application of mind based on wrong facts and mala fide in nature. He has prayed that present petition may be allowed.