Gupta, J. - (1.) This appeal is directed against the Judgment and Order dated 24.12.97 of the learned Single Judge whereby he has refused to entertain the writ application filed by the appellants and instead directed that the matter be placed before the Green Bench constituted to hear Pollution and Environmental Cases. The Order of the learned Single Judge challenging this appeal reads as under:- "24.12.97 This matter relates to an Order passed by the Pollution Control Board. Therefore, in my opinion, it must be placed before the division Bench which is taking the environmental matters. Let this matter be placed before appropriate Bench on 5th of January, 1998. Sd/ Pinaki Chandra Ghose, J."
(2.) Mr Panja, leaned Senior Advocate appearing for the appellants has contended that the writ application filed by his clients under Article 226 of the constitution of India did not relate as such to pollution and environmental matters but sought to challenge an order passed by the Pollution Control Board regulating the work of the Brick Kilns. According to Mr. Panja this did not come within the purview and scope of the Green Bench entrusted with the hearing of the pollution and environmental matters. Mr. Panja also argued that the learned Single Judge ought not have himself directed that the matter be placed before the Green Bench and instead should have directed that the matter be referred to the Hon'ble Chief Justice for being placed before the appropriate Bench.
(3.) Learned Government Pleader appearing on behalf of the respondents has submitted that the writ application filed by the appellants was actually relatable to a pollution and environmental matter and that it should have been heard by a Division Bench constituted for hearing the pollution and environmental matters, popularly called as the Green Bench.;