HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
               S.B.Civil Writ Petition No. 435 / 2017
Lafarge India Limited (Formerly Known As Lafarge Aggregate and
Concrete India Private Limited), Through Authorized Signatory R.
B. Thakur S/o Late Shri Phulena Thakur, Business Manager
(Aggregate) North., Aged About 46 Years, Having Registered
Office At Plot No. 52 Sector 32, Batra House, Gurgaon, Hariyana
                                                        ----Petitioner
                               Versus
1. Rajasthan State Pollution Control Board Through Member
Secretary,, 4, Institutional Area, Jhalana, Doongri, Jaipur-302004

2. Regional Officer, Rajasthan State Pollution Control Board,,
Jaipur (North)
                                                    ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. R.B. Mathur For Respondent(s) : Mr. Akhil Simlote _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 19/01/2017 Petitioner has filed this writ petition praying for quashment of order dated 05.12.2016 and order dated 27.12.2016 passed by the Member Secretary of the Rajasthan State Pollution Control Board, Jaipur. By the impugned order dated 27.12.2016, the State Board, in exercise of the powers conferred upon it under the provisions of Section 31A of the Air (Prevention & Control of Pollution) Act, 1981, issued certain directions to the petitioner including the direction to close down the industrial plan forthwith.

In the order dated 27.12.2016, it is stated that the petitioner has failed to submit its reply against the show cause notice dated 15.11.2016. Learned counsel for petitioner submits that the (2 of 2) [CW-435/2017] petitioner had filed reply to the show cause notice whereas the contention of learned counsel for respondents is that the respondents did not receive the reply. This court is of the view that the respondent Board should have passed the order after considering the reply of the petitioner, which is stated to have been filed earlier.

In view of the above, the writ petition is allowed. The impugned orders are quashed. The respondents are directed to pass a fresh order after considering the reply to the writ petition within a period of fifteen days from today.

Stay application no.420/2017 is also disposed off.

(MOHAMMAD RAFIQ)J.

//Jaiman//58