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Sushil Kumar v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11403 of 2005 [2005] RD-AH 5672 (11 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.

It is contended by the learned counsel for the petitioner that a proceeding under Section 133 Cr.P.C. has been initiated against the petitioner to stop the polluted water,  coming from the factory making cheese. A conditional order dated 22.3.2004 has been passed by the SDO concerned to stop the flow of such water but while making the order absolute on 11.10.2004, he has  stopped all the activities of the factory. His contention is that the petitioner has made a pond in his field to restore the polluted water.

Considering the facts and circumstances of the case, learned AGA prays for and is granted ten days' time to file counter affidavit.

List on 24.11.2005.

The SDO concerned shall make  spot inspection within a week and ensure that if the petitioner has made proper arrangement to restore the polluted water as per his submission, the factory be permitted to operate and if there is flow of the polluted water, so complained and no proper arrangement has been made, there shall be no permission to operate the factory.

Let a copy of this order be furnished to the learned AGA today free of cost for intimating the authority concerned.

Dt/- 11th November, 2005  

PKG/6 (11403/05)


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