HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
               S.B.Civil Writ Petition No. 1772 / 2017
1. Shree Balaji Minerals through Partner Motilal Yadav r/o Village
Besawa Via Renwal, Tehsil Phulera, District Jaipur
2. Krishna Industries through Partner Radheyshyam Sharma r/o
41/139, Swaran Path, Mansarovar, Jaipur Rajasthan
3. Ganpati Minerals through Partner Rajendra Agarwal, r/o Plot No.
9, Madan Vihar, Dadi Ka Phatak, Murlipura, Jaipur Rajasthan
4. Shiv Minerals through Proprietor Baluram Yadav, r/o Village
Devlia, Post Karansar, Tehsil Kishangarh Renwal District Jaipur
5. Mahamaya Minerals and Alloies Private Limited through Director
Ram Kishore Yadav, r/o Mukam Post Vijaypura Post Raithal,
Kaladera, District Jaipur
6. Madhu Minerals Industries through Proprietor                Poonam
Shekhawat, r/o 113 Shivpuri Jhotwara, Jaipur
7. Madhu Minerals and Chemicals through proprietor Rekha
Kanwar, r/o 289, Tara Nagar-E, Jhotwara, Jaipur
8. Shri Ram Minerals, through Prop. Sheetal Khandelwal, r/o Plot
No.77 Dhera Jatawali, Tehsil Chomu District Jaipur Rajasthan
9. Sarva Siddhi Minerals Private Limited through director Vimal
Bagra, r/o Plot No. A-100 & 107, Dhera Jatawali, Tehsil Chomu
District Jaipur Rajasthan
                                                         ----Petitioners
                               Versus
1. Rajasthan State Pollution Control Board, 4 Jhalana Institutional
Area, Jhalana Doongri, Jaipur Rajasthan through its Chairman
2. Rajasthan State Pollution Control Board Regional Office (North)
Opposite Road No.5, VKIA, Sikar Road, Jaipur through its Regional
Officer (North)
                                                   ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. S.S. Mahla.

_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 15/02/2017 (2 of 2) [CW-1772/2017] This writ petition has been filed by the petitioners challenging order dated 20.01.2017 passed by Rajasthan State Pollution Control Board, which is a composite order revoking consent to operator under Section 21 of the Air (Prevention of Pollution) Act, 1981(for short 'the Act of 1981') and direction for closure under Section 31A of the Act of 1981.

Learned counsel for the petitioners submitted that the aforesaid order has been passed by Rajasthan State Pollution Control Board by misreading and misapplication of judgment dated 23.08.2016 rendered by the Supreme Court in People's Rights and Social Res. Centre & Others Vs. Union of India and Others.

Aforesaid order dated 20.01.2017, being composite, could be challenged by the petitioners by filing appeal before the Appellate Authority under Section 31 of the Act of 1981 and if grievances of the petitioners are still not remedied, they can approach by filing appeal before the National Green Tribunal under Section 31B of the Act of 1981.

Writ petition is, therefore, dismissed as not maintainable, however, with liberty to the petitioners to file appeal against the aforesaid order.

Stay application also stands dismissed.

(MOHAMMAD RAFIQ)J.

Manoj