WP No. 862 of 2010

                      IN THE HIGH COURT AT CALCUTTA

                     Constitutional Writ Jurisdiction

                               ORIGINAL SIDE

     JAININD                                              Petitioner
       Versus
    STATE OF WEST BENGAL & ORS.                          Respondents

For Petitioner : Ms. Manju Agarwal, Advocate For PCB : Mr. Kallol Bose, Advocate For State : Ms. Biswarupa Mitra, Advocate For CESC Ltd. : Mr. Somenath Bose, Advocate BEFORE:

The Hon'ble CHIEF JUSTICE The Hon'ble JUSTICE BHATTACHARYA Date : 20th August, 2010.

The Court : Learned Counsel appearing for the writ petitioner submits that she may be permitted to withdraw the writ petition to enable her client to prefer an appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 against the impugned order and in the meantime the Court may continue with the statement made by the petitioner on 16th July, 2010, that is, the petitioner will not start the unit without permission of this 2 Court, which was accepted as an undertaking and this Court further directs the parties to preserve status quo till the next date of hearing, which has been extended from time to time.

We, therefore, permit the petitioner to withdraw this writ petition with liberty to file appeal under Section 31 of the said Act. It is made clear that if the petitioner prefers an appeal within two weeks from the date of passing of the order, till then the respondents would not take any action against the petitioner subject to the petitioner maintaining status quo as on the date of passing the impugned order, that is, it will not operate the unit.

It will be open for the petitioner to urge all the issues and contentions which are raised in this petition before the Appellate Authority.

The Appellate Authority shall decide the matter on merits in accordance with law.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(J.N. PATEL, CJ.) (BHATTACHARYA, J.) SN.

Asst.Registrar(CR)