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2015 DIGILAW 1161 (RAJ)

Modi Industries v. State of Rajasthan

2015-05-29

ARUN BHANSALI

body2015
JUDGMENT 1. - This writ petition has been filed by the petitioner aggrieved against the action of the respondents pursuant to the directions issued by National Green Tribunal ('the NGT') vide its order dated 27.11.2014. 2. When the petitioner approached the respondents for variation in the action taken by them pursuant to the directions issued by the NGT, the respondents have repeatedly indicated that the action has been taken pursuant to the directions issued by the NGT. 3. It is submitted that under the orders of the NGT, the respondents have seized the factory, the goods lying therein and have disconnected the electricity supply, which essentially is beyond the directions given by the NGT. It is further submitted that the goods lying in the factory premises would get damaged/destroyed, in case, the interim order is not granted by this Court. 4. Having considered the submissions and after perusal of the material placed on record, it is apparent that the respondents have acted pursuant to the direction issued by the NGT by its order dated 27.11.2014, wherein the the District Administration of Jodhpur was directed to stop illegal operation of washing, Grey/Printed Cloth received from Pali and Balotra with immediate effect and when despite the order admittedly on the date, the action was taken by the respondents, the petitioner was carrying on activities in contravention of the directions issued by the NGT. 5. In view of the above, in case, the petitioner wants any relief qua the action taken by the respondents pursuant to the directions dated 27.11.2014 issued by the NGT, the petitioner has to approach the NGT and the present proceedings before this Court seeking directions for release of goods and questioning the action of the respondents in seizing the factory and goods is not maintainable. 6. The writ petition is dismissed with liberty to the petitioner to approach the National Green Tribunal, if so advised.Petition dismissed. *******