Court No. - 21
Case :- WRIT - C No. - 42846 of 2018 Petitioner :- Jaivindar And 79 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,Mahesh Narain Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioners are 80 in numbers. They claim that they belong to marginal section of the society and are engaged in the leather treatment business which is their heredity profession. They are aggrieved by the order issued by the second respondent whereby they have been asked to close their traditional business (leather treatment work).
The relief sought by by the petitioner as as under-
"i. Issue a writ, order or direction in the nature of certiorari to quash the impugned letter dated 06.11.208 issued by respondent no. 2, against the petitioners.
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities that they will not recover the penalty imposed in impugned letter dated 06.11.2018.
iii. Issue another writ, order or direction in the nature of mandamus commanding the respondent authorities that they will not interfere into the peaceful living and profession of the petitioners."
At the very outset Sri J.N. Maurya, learned Chief Standing Counsel has dawn our attention to the order passed by the National Green Tribunal, Principal Bench in Original application No. 714 of 2018 (M.A. No. 1468 of 2018) wherein on the basis of the letter dated 13.06.2018, of the Sub. Divisional Magistrate, Baraut, District baghpat the Tribunal has taken cognizance to the same issue.
In view of the above, we grant liberty to the petitioners to move appropriate applications in the said case.
We make it clear that we have not adjudicated the matter in view of the aforesaid fact.
Learned counsel for the petitioners submits that a penalty to a tune of Rs.50,000/- on each of the petitioners has been imposed by the impugned order.
We grant liberty to the petitioners to move interim application along with their application before the Tribunal. We hope and trust that the Tribunal shall pass appropriate orders if such an application is moved.
In case the application is moved within two weeks, the State Authority shall not take any coercive action against the petitioners till their application is decided by the Tribunal.
Order Date :- 20.12.2018 M.A.Ansari