Arunava Ghosh v. State Of West Bengal And ORS.

39 & 40 ss/jks 28.11.2022 WPA(P) 380 of 2022 Mainak Ganguly Vs.

The State of West Bengal & Ors.

With WPA(P) 442 of 2022 Arunava Ghosh Vs.

The State of West Bengal & Ors.

Mr. Anindya Lahiri Mr. Samrat Dey Paul ... ... for the petitioners Mr. S. N. Mookherjee, AG Mr. Anirban Ray, GP Mr. D. Ghosh Mr. N. Chatterjee Mr. D. Gomes ... ... for the State Mr. Dhiraj Trivedi, DSG Mr. Sushil Mishra Mr. Anup Dasgupta Mr. L. Vishal Kumar ... ... for the Union of India Ms. Sonal Sinha Mr. Shourya Vir Das ... ... for the WBPCB Mr. Alak Kumar Ghosh Ms. Era Ghose ... ... for the KMC In this public interest petition the petitioners have challenged the judgment of the National Green Tribunal dated 26th July, 2022 passed in OA 33/2014/EZ in respect of plying of the private vehicles which are more than 15 years old.

It is not in dispute that in terms of the judgment of the Supreme Court in the matter of Madhya Pradesh High Court Advocates Bar Association and Another

versus Union of India and Another, 2022 SCC online SC 639 the petitioners have a remedy of filing regular writ instead of PIL.

In view of the fact that the petitioners are personally aggrieved with the judgment of the Tribunal, we permit the petitioners to withdraw these public interest petitions with liberty to file the appropriate petition under Article 226/227 raising the personal grievance which will be listed before the appropriate Bench as per roster.

The public interest petitions are accordingly dismissed as withdrawn with liberty as mentioned above. (Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)