M/S Riga Sugar Company Ltd. v. The Bihar State Pollution Control Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19031 of 2016 ====================================================== M/s Riga Sugar Company Ltd. Distillery Division, having registered office at 14, Netaji Subas Road, Kolkata- 700001 and its distillery at Dhanukagram, PO-Riga, District-Sitamarhi through its Chief Executive Officer, Mr. Shailendra Prasad, son of Bishundeo Prasad, resident of 66/1, Khetra Mitra Lane, Salika Howrah, West Bengal.

... ... Petitioner/s

Versus

1.

The Bihar State Pollution Control Board, through its Chairman, Pariwesh Bhawan, Patlipurta, Industrial Area, Patna, 800010, Bihar. 2.

The Chairman, Bihar State Pollution Control Board, Pariwesh Bhawan, Patliputra Industrial Area, Patna- 800010, Bihar 3.

The Member Secretary, Bihar State Pollution Control Board, Pariwesh Bhawan, Patliputra Industrial Area, Patna, 800010, Bihar 4.

The Assistant Environmental Engineer, Bihar State Pollution Control Board, Pariwesh Bhawan, Patliputra Industrial Area, Patna, 800010, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. YV Giri, Sr Adv Mr. Ashish Giri, Adv Ms. Riya Giri, Adv For the Respondent/s :

Mr. Shivendra Kishore, Sr. Adv Mr. Parjat Saurav, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-04-2023 The present writ petition has been filed seeking the following reliefs:- " i) To issue a writ/order/ direction in the nature of certiorari for quashing the order dt. 12.11.2016 issued by the respondent Member Secretary, Bihar State Pollution Control Board, by which the consent granted to the petitioner u/s 25 & 26 of the Water (Prevention & Control of Pollution) Act. 1974 for discharge of sewage/ trade effluent. and u/s 21 of the Air (Prevention and Control of

Patna High Court CWJC No.19031 of 2016(2) dt.07-04-2023 2/2 Pollution) Act, 1981 has been withdrawn and the distillery of the petitioner has been directed to be closed. (Annexure-18) ii) To hold and declare that the impugned order of withdrawal of consent dt. 12.11.2016 issued by the Member Secretary Bihar State Pollution Control Board, is wholly without jurisdiction and a nullity. iii) To direct the respondent authorities to permit the petitioner to run/ operate its distillery located at Riga with immediate effect."

At the outset, the learned counsel for the petitioner submits that probably, with the efflux of time, the present writ petition has been rendered infructuous, however, the petitioner be granted liberty to agitate his subsisting grievances, if any, by taking recourse to such remedies, as are otherwise available under the law.

Liberty so sought is granted.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U