IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     L.P.A. No. 23 of 2014

      M/s G.S. Enterprises                 .........   Appellant
                          -Versus-
      The State of Jharkhand and ors.        ........ Respondents

      CORAM :        HON'BLE THE CHIEF JUSTICE
                     HON'BLE MR.JUSTICE P.P. BHATT
                                   ...
     For the Appellant   : Mr.S.L.Agrawal, Advocate
     For the Respondents: M/s Ajit Kumar, AAG & Vikash Kumar,JC
                           to AAG.

                                      Dated 7th July, 2014
By Court-       This appeal is directed against the order dated

4.12.2013

passed in W.P.(C) No. 7668 of 2012 , whereby the Interlocutory Application filed by the appellant being I.A. No. 5231 of 2013, seeking stay of letter no.30 dated 5.11.2012 issued by the Forester, Bhadudih, Jamshedpur has been rejected.

2. The appellant is carrying on the business of manufacturing of brick at Plot nos. 287(P), 284, 288, 295, 530, 342, 347 ,348, 349, 350, 351, 352, 353, 354, 356, 529, 531, 532, 533, 534, 358,340,344,343,345(P) and 294 having an area of 9.49 acres at Mauza Rapcha in the district of East Singhbhum since 2005-06. 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 2005-06. For running the brick kiln, the appellant was granted consent by the Jharkhand State Pollution Control Board under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981.

3. For the protection and existence of ecology and habitat of wild life of Dalma Wildlife Sanctuary, the Government of India has 2. taken steps for prohibiting the running of industries of brick kiln in the Eco-sensitive Zone of Dalma Wildlife Sanctuary vide Ministry of Environment and Forests Notification No. S.O. 680(E) dated 29.3.2012 and pleased to notify the area up to five kilometers as Eco Sensitive Zone. Stating that the appellant- brick kiln is a polluting industry and is remitting hazardous solid waste in terrestrial area of Dalma Wildlife Sanctuary as well as using firewood in the process of baking bricks as well as damaging forest environment which is ultimately consumed by the wild animals and to ensure that the provisions of above Notification is complied with, the Forester, Bhadudih, Jamshedpur issued a closure notice to the appellant vide letter dated 5.11.2012, whereby the appellant has been directed to close the brick kiln forthwith, otherwise action would be taken against him under the provisions of Wild Life Protection act.

4. Challenging the said notice, the appellant filed the writ petition. In the writ petition, the appellant filed an Interlocutory Application being I.A. No. 5231 of 2013, claiming for stay of the impugned letter dated 5.11.2012 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.

5. Being aggrieved by the dismissal of the Interlocutory Application, the appellant has filed this Letters Patent Appeal.

6. When the Letters Patent Appeal came for hearing, the appellant was represented by the learned counsel- Mr.S.L.Agrawal 3. and the respondent- State is represented by Mr.Ajit Kumar, learned Additional Advocate General, appearing along with Mr.Vikash Kumar, learned JC to AAG.

7. The present Letters Patent Appeal is preferred against the dismissal of the Interlocutory Application. Admittedly, the main writ petition is pending before the learned Single Judge.

8. Since the main writ petition is pending, we are not inclined to go into the merits of the matter.

9. The Letters Patent Appeal is disposed of giving liberty to the appellant to raise all the contentions before the learned Single Judge in the pending writ petition.

10. We request the learned Single Judge to take up the writ petition at an early date.

(R. Banumathi, C.J.) ( P.P. Bhatt, J.) G.Jha