Lasa Supergenerics Ltd. v. State Of Maharashtra Thr Principal Secretary And ORS

4-WP-13591-2023 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13591 OF 2023 Lasa Supergenerics Ltd.

.. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Ms. Rajni Mishra for petitioner.

Mr. P. P. Kakade, Govt. Pleader with Mr. O. A. Chandurkar, Addl. Govt. Pleader and Mrs. G. R. Raghuwanshi, AGP for respondent no.1- State.

Mr. Jitendra Jagtap a/w Devendra Avhad for respondent nos.2 and 3.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

3rd SEPTEMBER, 2024 P.C.:

1.

Heard learned counsel for the petitioner and Mr. Jagtap, learned counsel representing the respondent nos.2 and 3. 2.

This petition under Article 226 of the Constitution of India is directed against the show-cause notice dated 14th July, 2023 issued by the Regional Office of Maharashtra Pollution Control Board at Kolhapur requiring the petitioner to file reply to the proposed actions.

3.

The petitioner is said to have submitted its reply to the said show-cause notice dated 14th July, 2023. 4.

The petitioner has utterly failed to establish that the impugned show-cause notice dated 14th July, 2023 has been

4-WP-13591-2023 issued without any authority. It is well settled that any showcause notice can be challenged on a limited ground of the notice having been issued by an authority not empowered to do so.

5.

In view of the aforesaid, we do not find any substance in the writ petition, which is accordingly dismissed. 6.

We, however, direct that respondent nos.2 and 3 shall take decision in the matter emanating from the show-cause notice dated 14th July, 2023 in accordance with law with expedition.

(AMIT BORKAR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.09.03 16:12:03 +0530 PRAVIN DASHARATH PANDIT