Patna High CourtCWJC/12260/2011disposed

Heera Lal v. The State Of Bihar And ORS

2015-09-11Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12260 of 2011 ======================================================

1. Heera Lal, I.A.S. Retired S/O Late Nanku Ram R/O Mohalla - Gurhatta Rai Jai Krishan Road, P.S. - Khaji Kala, District - Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna

2. The Principal Secretary, Environment and Forest Department, Government Of Bihar, Patna

3. The Managing Director, Bihar State Pollution Control Board, Patna

4. The Commissioner Patna Division, Patna

5. The Senior Superintendent Of Police, Patna

6. The District Magistrate, Patna

7. The Officer In Charge, Police Station - Khajekala, District - Patna

8. Mr. Ganesh Prasad S/O Late Chamaru Prasad, Owner Cum Proprietor Of Harsh Plastic Factory, Mohalla - Gurhatta, Near Devi Asthan, P.S - Kahjekala, District - Patna.

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-09-2015 Heard the petitioner.

A counter affidavit has been filed on behalf of the respondent no. 3.

The petitioner, claiming himself to be resident of mohalla Gurhatta, Jai Krishna Road, P.S.- Khajekala, District- Patna, raised a grievance against running of a factory by Respondent no. 8 for production of plastic items which emitted pollutants. The counter affidavit filed on behalf of the respondent Pollution Control Board states that on enquiry it was found that

Patna High Court CWJC No.12260 of 2011 (2) dt.11-09-2015 2/2 the unit was closed and was not operational since 19.8.2009. A proceeding was also drawn wherein notice was issued to the owner (respondent no. 8) who appeared to inform that the unit is closed since 19.8.2009. Again the unit was inspected on 27.1.2013 and 1.2.2013 by the Board only to find that the same was closed. Considering the statements made in the counter affidavit, in my view, no further order is required in the present application. The application is accordingly disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U