M/S North Bihar Leather Industries, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6273 of 2019 ====================================================== M/s North Bihar Leather Industries, C-23, Bela Industrial Estate, Muzaffarpur through its Proprietor namely Atiqur Rahman, R/o 31C, Debendra Mallick Street, Chittaranjan Avenue , Kolkata District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industries, Bihar, Patna.

2.

The Collector Cum District Magistrate, Muzaffarpur. 3.

The Additional Collector-Cum-Senior Incharge Officer, District General Section, District- Muzaffarpur.

4.

The Sub-Divisional Magistrate, East Muzaffarpur. 5.

The Chairman, Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Govt. of India, New Delhi. 6.

The Secretary, Bihar State Pollution Control Board, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the State :

Mr.Kinkar Kumar, SC-9 For Pollution Board :

Mr. A. K. Tiwary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-10-2022 The petitioner has prayed for the following relief/s :- "(a)To quash the order vide memo no.

526 dated 26.02.2019 issued under the signature of Sub-Divisional Magistrate, East Muzaffarpur whereby and whereunder without issuance of any notice or opportunity of hearing, it has been ordered to seal the industrial unit of the petitioner namely "North Bihar Leather Industries" in the light of letter No. 493 dated 25.02.2019 issued

Patna High Court CWJC No.6273 of 2019 dt.17-10-2022 2/3 under the signature of Senior In-charge Officer, District General Section-cum-Additional Collector, Muzaffarpur.

(b) To direct the respondents to produce the letter no. 493 dated 25.02.2019 issued under the signature of Senior In-charge Officer, District General Section-cum-Additional Collector, Muzaffarpur and thereafter be pleased to quash the said letter no.493 dated 25.02.2019, which has not been provided to the petitioner. (c) To direct the respondents to provide all the documents alongwith evidence based on which the order vide memo no. 526 dated 26.02.2019 has been passed by S.D.O. (East Muzaffarpur).

(d) To direct the respondent not to take any coercive step against the petitioner till the disposal of the instant writ petition."

After the matter was heard for some time, learned counsel appearing on behalf of the petitioner, under instructions, states that petitioner may be permitted to prefer appeal against the impugned order before the appellate authority.

Prayer allowed.

He may do so within a period of four weeks.

Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period,

Patna High Court CWJC No.6273 of 2019 dt.17-10-2022 3/3 limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of six months from the date of its filing.

Statement accepted and taken on record.

We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

We clarify that we have not expressed any opinion on facts and law. All issues are left open.

Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 21.10.2022 Transmission Date