Patna High CourtC. REV./6/2015dismissed

Suresh Prasad Yadav And ORS v. The State Of Bihar And ORS

2017-08-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.6 of 2015 IN Civil Writ Jurisdiction Case No. 20570 of 2012 ===========================================================

1. Suresh Prasad Yadav, son of Late Kishun Rai, resident of Village- Ilahibag, P.O.- Bairia, P.S.- Gopalpur, District- Patna.

2. Rakesh Kumar, son of Late Sheojee Singh, resident of Village+P.O.- Bairia, P.S.- Gopalpur, District- Patna.

3. Dr. Brahmanand Prasad, son of Late Ramnandan Singh, resident of VillageP.O.- Maniharpur Kachhaura, P.S.- Gopalpur, District- Patna.

4. Arun Kumar, son of Late Ramsalik Rai, resident of Village + P.S.- Maniharpur Kachhaura, P.S.- Gopalpur, District- Patna.

5. Dilip Kumar Singh, son of Late Rajdeo Singh, resident of Village- Chak Bairia, P.O.- Bairia, P.S.- Gopalpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Department of Urban Development & Housing, Govt. of Bihar, Patna.

3. The Principal Secretary, Deparment of Urban Development & Housing, Govt. of Bihar, Patna.

4. The Bihar State Pollution Control Board, Bihar, Patna represented through its Secretary, Pollution Control Board, Bihar, Beltron Bhawan, Shastrinagar, Patna.

5. The Secretary, Bihar State Polution Control Board, Bihar, Beltron Bhawan, Shastrinagar, Patna.

6. The Patna Municipal Corporation, represented through its Chief Municipal Officer, Patna Municipal Corporation Patna.

7. The Empowered Standing Committee, Patna Municipal Corporation, Patna.

8. The Mayor, Patna Municipal Corporation, Patna. null null

9. The Circle Officer, Sampatchak, District- Patna.

10. Mr. Nirbhay Kumar Singh, Pramukh, Panchayat Samiti Sampatchak, Patna.

11. The Executive Officer-cum-Block Development Office Sampatchak, Patna.

12. The Mukhiya of Panchayat Raj Bairia Karnpura withi the Block Sampatchak, District- Patna.

13. The Union of India, represented through the Cabine Secretary, Ministry of Pollution & Environment, Govt. of India, New Delhi.

14. The Cabinet Secretary, Ministry of Pollution & Environment, Govt. of India, New Delhi.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shri Prakash Srivastava, Advocate For the Respondent/s : Mr. Prasoon Sinha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

Patna High Court C. REV. No.6 of 2015 dt.11-08-2017 2/2 ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 11-08-2017 This review application has been filed seeking recall of the order passed by the Division Bench of this Court on 17.12.2014. Taking note of the submission of the learned Principal Additional Advocate General and finding conflicting orders and directions issued in C.W.J.C. Nos.20570 of 2012 and 8152 of 2013, by passing interim orders by two different Benches, the learned Bench has referred the matter to a larger Bench. In doing so, we are of the considered view, no error has been committed warranting re-consideration.

The application is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.8.2017 Transmission Date N/A