IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       CHANDIGARH

                                                                      CWP No. 16341 of 2015
                                                          DATE OF DECISION : 10.08.02015

           M/s Maghar Washed Stone Crusher, Village Abadgarh, P.O. Mirthal, Tehsil
           and District Pathankot
                                                                .... PETITIONER
                                                     Versus
           State of Punjab and others
                                                                          .... RESPONDENTS


           CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
                                HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN


           Present :            Mr. Aman Kashyap, Advocate,
                                for the petitioner.

                                      ***

SATISH KUMAR MITTAL, J. ( Oral ) Challenge in the present writ petition is an order dated 03.12.2014 (Annexure P-5) passed by the Chief Environmental Engineer, Punjab Pollution Control Board (respondent No.3 herein) under Section 33- A of Water (Prevention & Control of Pollution) Act, 1974.

Undisputedly, under the said Act, against such an order, remedy of filing appeal has been provided, which has not been availed by the petitioner. Faced with this situation, as well as keeping in view the fact that disputed questions of facts are involved in the instant case, learned counsel prays that the petitioner may be permitted to withdraw this petition with liberty to avail the aforesaid alternative remedy of appeal, with further DASS NAROTAM 2015.08.11 12:24 I attest to the accuracy and authenticity of this document CWP No. 16341 of 2015 -2- liberty to move an application for condonation of delay in filing the appeal.

Dismissed as withdrawn with the aforesaid liberty. If any such appeal with an application for condonation of delay is filed by the petitioner within a period of 15 days from today, we hope that the Appellate Authority will consider and decide the same in accordance with law, on merits of the case.

                                                           ( SATISH KUMAR MITTAL )
                                                                    JUDGE



           August 10, 2015                                  ( MAHAVIR S. CHAUHAN )
           ndj                                                      JUDGE




DASS NAROTAM
2015.08.11 12:24
I attest to the accuracy and
authenticity of this document