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1064.19WP.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.1064 OF 2019
M/S. G.R. INFRA PROJECTS LTD.
THROUGH ITS LICENING MANAGER AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANR
...
Mr. V.D. Salunke, Advocate for petitioners.
Mr.A.P. Basarkar, A.P.P. for respondent/State
...
CORAM: V.L. ACHLIYA,J.
DATE : 04.07.2019
ORAL ORDER:
By this Petition filed under Article
226 and 227 of the Constitution of India, the
petitioners have challenged the following
order to issue process against them :-
"ORDER
Perused the complaint and record
of the case. Prima facie offences
U/s. 41, 43, 44 and S.45 r/w. 25, 27
and 33 A of Water (Prevention and
Control of Pollution) Act 1974, and
S.37 and 39 r/w. 21 and S. 31A of
AIR (prevention and Control of
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Pollution Act 1981, have been
committed by the accused. Hence
issue process against them on P.P.
under their sections.
Sd/-
10.04.2019."
2. It is submitted that petitioner no.1
Company was allotted the work of construction
of 38 KMS National Highway passing from
Lokhandi Savargaon to Renapur-Latur road,
vide work order dated 16.06.2017. For the
purpose of construction of said road, the
petitioners have set up ready mix concrete
plant after obtaining requisite permission
from Respondent No.2 - complainant. The
requisite permissions were accorded on 4th
October, 2017 and 10th January, 2018. After
securing the requisite permission/no
objection, the petitioners started the ready
mix concrete plant.
3. In order to extract money from the
petitioners, some antisocial elements from
nearby place started harassing the
petitioners. With intention to force the
petitioners to fulfill their demand and
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extract money these persons made false
complaints. On the basis of false complaints,
Respondent No.2 issued order dated 16.04.2018
to close down the plant. The order was issued
without opportunity of hearing to the
petitioners. The petitioners made detail
representation thereby denied the violation
of any provisions of law as well as terms and
conditions imposed while granting permission
to set up said plant.
4. By referring the order, learned
counsel submits that the order passed is
without due application of mind and from the
face of allegations made in the complaint no
prima facie case exist to issue process
against the petitioners.
5. On due consideration of the
submissions advanced in the light of
representation dated 28.05.2018 relied by
learned counsel for the petitioners, I am of
the view, the Petition deserves to be heard
after notice to the respondents. Hence the
following order :-
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ORDER
(i) Issue notice to the respondents. Learned A.P.P. accepts the notice for Respondent No.1. Notice be issued to Respondent No.2, returnable on 6th August, 2019.
(ii) Hamdast is permitted.
(iii) The trial Court is directed to defer the hearing of the case till 7th August, 2019.
(iv) Stand over to 6th August, 2019.
[V.L. ACHLIYA] JUDGE SGA ::: Uploaded on - 08/07/2019 ::: Downloaded on - 10/07/2019 09:17:36 :::