Vidya Nand Ghosh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12416 of 2016 ===========================================================

1. Vidya Nand Ghosh son of Late Sachida Nand Ghose resident of Village : Alampur, P.S. : Didarganj, District : Patna.

2. Dharmendra Kumar son of Late Ram Kripal Singh resident of Village : Alampur, P.S. : Didarganj, District : Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Forest and Environment Department, Old Secretariat, Bihar, Patna.

2. The Joint Secretary-cum-Member, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna.

3. General Manager, District Industry Centre, Patliputra Industrial Area, Patna.

4. District Magistrate, Patna.

5. Sub Divisional Officer, Patna City.

6. Officer-in-charge, Didarganj, P.S. at Didarganj, District : Patna.

7. Sri Pursotam Kumar son of Sri Sachida Nand Prasad resident of Mohalla : Alampur (Sabalpur), P.S. : Didarganj, District : Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Satya Narayan Prasad, Advocate For the Respondent/s : Mr AJAY, GA5 For the B o a r d : Mr Shivendra Kishore, Sr Advocate with Ms Binita Singh, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-05-2017 This petition has been filed in public interest and the grievance made is that an establishment known as Cornflex Fatory is running in Didarganj Police Station, Patna now Police Station - Nadi by respondent No 7 and inspite of complaint given by the local persons with regard to the pollution caused and the action taken by the Bihar State Pollution Control Board, nothing is being done for closing

Patna High Court CWJC No.12416 of 2016 dt.10-05-2017 2/2 the Establishment or preventing the pollution. 2 Respondent No 2, represented by Mr Shivendra Kishore, learned Senior Counsel has filed a counter affidavit which goes to show that after show cause to respondent No 7, the Board has passed an order dated 09.03.2015 vide Annexure E requesting the District Magistrate to ensure closure of the industrial unit run by respondent No 7. The matter has been kept pending and today on behalf of State Government, documents have been produced which goes to show that proceedings for closing the Establishment was undertaken on 03rd of May, 2017 and it has been closed and after locking and sealing the Establishment, the keys have been handed over to the SDO of the area concerned.

3 Taking note of the aforesaid facts, no further action is required to be taken in this public interest litigation. 4 Accordingly, this petition is disposed of as having become infructuous due to the subsequent developments which have taken place in the meantime.

(Rajendra Menon, CJ) (Sudhir Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2017 Transmission Date M.E.H./- NA