← Library
Patna High CourtCWJC/4850/2017disposed

Shiv Shankar Yadav v. The State Of Bihar And ORS

2020-03-02The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4850 of 2017 ====================================================== Shiv Shankar Yadav Son of Late Ram Krishna Yadav, resident of Gram/P.O.- Tarwana, P.S.- Jamalpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Collector, Darbhanga.

3.

The District Mining Officer, Darbhanga.

4.

Anchal Adhikari, Kiratpur Darbhanga.

5.

Sushila Devi, wife of Ramswaroop Yadav @ Munshilal Yadav, Resident of Tarwana, P.S.- Jamalpur, District- Darbhanga. 6.

Brick Kiln, G.L.Y. Village- Tarwana, P.S. Jamaklpur, District- Darbhanga 7.

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Respondent/s :

Mr.Ajay-GA5 For Pollution Control Board:

Mr. Shivendra Kishore, Sr. Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:- "For issuance of appropriate writ or writs, direction or directions commanding the respondents for removal of brick kiln or cancellation of license of brick kiln as the Brick Kiln is situated just behind the Nationalized High School Tarwana, District- Darbhanga causing air pollution and inconvenience to general people and causing annoyance to the students of the said school."

Patna High Court CWJC No.4850 of 2017(11) dt.02-03-2020 2/2 From the affidavit dated 02.03.2020, sworn by Shri Shambhu Nath Jha, Assistant Environmental Engineer, Bihar State Pollution Control Board, it is seen that now the unit i.e. brick-kiln stands directed to be closed in terms of order dated 27th of February, 2020 passed by the Chairman, Bihar State Pollution Control Board [Annexure-R-7/F].

As such, the present petition is disposed off clarifying that such unit shall be allowed to be opened strictly in accordance with law.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajeev Kumar/- U