27.02.2025 Item No.26 gd/ssd WPA(P)/49/2025 ANUP BISWAS AND ORS. VS STATE OF WEST BENGAL AND ORS. Mr. Sandipan Maity, Sk. Saifuddin ..for the Petitioners. Mr. Nilotpal Chatterjee, Mr. Santanu Chatterjee ..for the State. Mr. Arjun Ray Mukherjee, Mr. J. Medhi ..for WBPCB. 1. By this public interest writ petition the petitioners alleging that the 14th respondent is running a red category industry without obtaining orders of consent from the Pollution Control Board. 2. The stand taken by the petitioners stands fortified by the proceedings of the West Bengal Pollution Control Board dated 5.11.2024 wherein they passed an order against the private respondent directing it not to operate its activities without obtaining consent to operate under red category of the State Board. 3. Despite such order it is alleged that the factory is still functioning. 4. The Officer-in-Charge, Dhantala Police Station, Ranaghat Police District has given written instruction to the learned Government Pleader dated 20.2.2025 wherein it is admitted that the industry is functioning without appropriate order of consent from the Pollution Control Board. 5. In the light of the admitted factual position, we direct the Superintendent of Police, Ranaghat Police District, namely, the 3rd respondent to ensure that the operations done by the 14th respondent are stopped forthwith by implementing the order passed by the West Bengal Pollution Control Board. The adequate police force may also be deployed and appropriate instruction be given to the Officer-in-Charge, Dhantala Police Station to implement the order passed by the West Bengal Pollution Control Board. 6. Further, in order to prevent the further illegal operations the District Magistrate shall empower an officer to seal the factory. 7. The private respondent is at liberty to approach the Pollution Control Board and satisfy all conditions and after obtaining approval he may proceed to take action in accordance with law. 8. With the above directions, the matter stands disposed of. (T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.) 2