BIPENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order dated 4.12.2013 passed in W.P.(C) No. 7721 of 2012, whereby the Interlocutory Application filed by the appellant being I.A. No 5233 of 2013, seeking stay of letter no. 11 dated 27.10.2012 issued by the Forester, Bhadudih, Jamshedpur has been rejected.

(2.) THE appellant is carrying on the business of manufacturing of brick at Plot nos. 40,55,56, 57,58,62,63, 64,67 and 68, having an area of 5.66 acres at Mauza Nutandih in Chandil since 1999 -2000. The appellant has been granted permit under Rule 31 of the Jharkhand Minor Mineral Concession Rules by the Assistant Mining Officer, East Singhbhum for the year 1999 -2000. For running the brick kiln , the appellant was granted consent by the Jharkhand State Pollution Control Board under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981.

(3.) CHALLENGING the said notice, the appellant filed the writ petition. In the writ petition, the appellant filed an Interlocutory Application being I.A. No. 5233 of 2013, claiming for stay of the impugned letter dated 27.10.2012 and the same was disposed of on 4.12.2013 holding that any interim order passed would tantamount to declaring the said order as bad and illegal at the initial stage without hearing the writ petition on merit.