Sunita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12329 of 2016 ====================================================== Sunita Devi Wife of Bhagwan Prasad resident of Mittha Bazar, Sursand, P.S. P.O. Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Sitamarhi 3.

The Member Secretary, Bihar State Pollution Control Board, Sastrinagar, Jawaharlal Nehru Marg, Patn null null 4.

The Regional Officer, Bihar State Pollution Control Board, Sarai Syed Ali Chowk, Technical Chowk, M 5.

The Superintendent of Police, Sitamarhi 6.

The Officer Incharge, Sursand, Sitamarhi 7.

Rajan Prasad Son of Late Chandeswar Prasad resident of Mittha Bazar, P.S. Sursand, District - Sitamarhi 8.

Rajesh Sah Son of Kishun Sah resident of Mittha Bazar, P.S. Sursand, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Dilbar Krishna For the Respondent/s :

Mr.Smt. Nivedita Nirvikar- Ga10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "1. For a direction upon the respondent authorities to close the operation of heavy power generators of the respondents no.7 & 8 who are operating five sets of heavy power generators as a business, adjacent to the house of the petitioner daily from 11 A.M to 10.30 P.M and in the dense populated locality which is creating a large scale of pollution like air, sound

Patna High Court CWJC No.12329 of 2016(2) dt.04-04-2023 2/2 and vibration pollution which directly affect and hazardous to the health of the old ailment petitioner and his family members and is also dangerous to the society of the said locality. At the outset, the learned Senior Counsel appearing for the Bihar State Pollution Control Board has submitted, by referring to the counter affidavit filed in the present case that the State Pollution Control Board has already ensured closure of operation of all the aforesaid DG sets (power generator sets), hence, the grievances of the petitioner has stood redressed. Having regard to the facts and circumstances of the case, this Court finds that the grievances of the petitioner has stood redressed, hence, nothing survives for consideration in the present writ petition.

Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U