Order 1. The grievance of the petitioner in the present writ petition is that it was not required to obtain renewal of consent under the Water (Prevention and Control of Pollution) Rules, 1976 (sic-1986?). 2. The reasons for coming before this Court of the petitioner is that he was aggrieved vide letter dated 17.9.1996 issued by the Member Secretary of the Bihar State Pollution Control Board under Section 5(2) of the Water (Prevention and Control of Pollution) Cess Act, 1977. 3. According to the petitioner, it is a small scale industry, which is exempted from the requirement of obtaining annual renewals on the basis of letter dated 21.10.1992 issued by the Central Pollution Control Board, Annexure-3, which is said to have been issued in statutory exercise of power. The petitioner submits that it is not carrying on any activities of discharge of water or discharge of any sewage or trade effluent creating a nuisance or injurious to public health etc. 4. However, the petitioner had obtained such consent by making an application in Form-VIA to the Bihar State Pollution Control Board, which was granted vide letter dated 28.2.1994. According to the petitioner, in the category of small scale industry, one time consent would serve the purpose of consent and there is no requirement for the industry to obtain periodic renewal of consent unless the unit modifies or changes its processes. The petitioner is, therefore, aggrieved by the issuance of the said notice by which it has been asked to seek renewal of consent. 5. The respondent-Jharkhand State Pollution Control Board, which has been created after bifurcation of the State and has stepped into the shoes of the Bihar State Pollution Control Board, has filed its counter after coming into existence. 6. Learned counsel for the respondents submits that there is requirement under Section 4 of the Water (Prevention and Control of Pollution) Cess Rules, 1978 that every assessee shall submit returns before the Member Secretary of the State Pollution Control Board in Form-I. Accordingly, the Unit was asked to submit water cess returns. The Unit was informed by the then Bihar Board that this unit is covered under Engineering Industry in SI. No. 15 of the specified industry in Cess Water Act, 1977 and it is not exempted from the provisions of the Acts and Rules. The Unit was informed by the then Bihar Board that this unit is covered under Engineering Industry in SI. No. 15 of the specified industry in Cess Water Act, 1977 and it is not exempted from the provisions of the Acts and Rules. However, the respondents submit that earlier notification of 21.10.1992 was in the conflict of the provisions of the Water Act, 1974 and AIR Act, 1981 and cannot prevail. Therefore, the aforesaid Rules of Pollution Control Board is bad in law and is not acceptable. The stand taken by the respondent-Board, however, apparently appears to be contrary to the guideline issued by the Central Pollution Control Board. Learned counsel for the respondents submits that thereafter again several amendments have taken place and the petitioner would be liable for submission of returns as well as renewal of such consent upon payment of renewal fee. 7. The matter is pending since 1998 and the Bihar Pollution Control Board is substituted by the newly created Jharkhand Pollution Control Board. 8. In that view of the matter, without entering into the merit of the controversies, the petitioner is directed to approach the Member Secretary, Jharkhand State Pollution Control Board on the question relating to renewal of consent as was directed by earlier notice issued by the Bihar State Pollution Control Board. The petitioner shall approach the Member Secretary with his representation containing all supporting facts and documents within a period of 15 days. 9. Learned counsel for the respondent no. 4 submits that final decision, in this regard, has to be taken by Jharkhand State Pollution Control Board itself, which has delegated its power to the Chairman of the Jharkhand State Pollution Control Board. 10. In that view of the matter, the matter would be placed before the Chairman by the Member Secretary for taking appropriate decision in the matter, which shall be taken within a period of 12 weeks thereafter from the receipt of such representation of the petitioner. 11. Any consequential action shall be taken pursuant to the order passed by the Chairman, Jharkhand State Pollution Control Board. The petitioner, if so required, will be liable to comply with any condition as may be imposed upon it in terms of the relevant Acts and the Rules and Circulars in that regard. Accordingly, this writ petition is disposed of in the aforesaid terms.