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WPMS No.339 of 2016 Hon'ble U. C. Dhyani, J.
Mr. K. K. Tiwari, Advocate present for the petitioner.
Mr. A. K. Joshi, Addl. C.S.C. present for the State/respondent no.1.
Mr. Anurag Bisaria, Advocate present for the respondent no.2.
By way of present writ petition, the petitioner seeks following relief(s), among others:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order/notice dated 06.02.2016 (contained as annexure no.6 to this writ petition) passed by the Member Secretary, Uttarakhand Environment Protection and Pollution Control Board, Dehradun (respondent herein) with Ref. No.UEPPCB/HO/Gen- 183/110(SPI)2016/8998-1704 Dehradun directing the petitioner to close down the Unit/Manufacturing processes with immediate effect, in the exercise of the power conferred under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974."
Learned counsel for the petitioner submits that the controversy involved in the present matter is squarely covered by the judgment rendered by this Court in Writ Petition (M/S) No.223 of 2016, titled as Ferreterro India Pvt. Ltd. vs. Uttarakhand Environment Protection & Pollution Control Board on 03.02.2016.
Learned counsel for the respondents fairly conceded the aforesaid fact.
After hearing learned Addl. C.S.C. for the State, Mr. Anurag Bisaria, Advocate for the respondent no.2 and after perusal of the documents on record, this Court is of the opinion that the present writ petition should meet the same fate, as was met by Writ Petition (M/S) No.223 of 2016, titled as Ferreterro India Pvt. Ltd. vs. Uttarakhand Environment Protection & Pollution Control Board.
As a consequence thereof, present writ petition is disposed of in terms of the aforesaid judgment. The petitioner is directed to make a representation to the respondent Board within a week alongwith a copy of this order. The respondent Board is directed to decide the representation of the petitioner and reconsider the case of the petitioner, by a reasoned and speaking order, in accordance with law within a period of two weeks from the date of submission of representation alongwith a copy of this order.
The notice under challenge shall be kept in abeyance till the representation of the petitioner is decided.
Let a certified copy of this order be supplied to the petitioner within 24 hours, on payment of usual charges.
(U. C. Dhyani, J.) Dated 22.02.2016 Rawat