Manish Kumar v. The Bihar State Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15080 of 2022 ====================================================== Manish Kumar Son of Divesh Singh, resident of Village and P.O.- Pain, P.S. and District Sheikhpura. The properiter of M/S Anil Itt Udyog Pain, P.S. and District - Sheikhpura.

... ... Petitioner/s

Versus

1.

The Bihar State Pollution Control Board Parivesh Bhawan NSB - 2, Patliputra Industrial Area, Patliputra, Patna. 2.

The Secretary Bihar State Pollution Control Board, Parivesh Bhawan NSB - 2, Patliputra Industrial area, Patliputra, Patna. 3.

The Regional Officer, Bihar State Pollution Control Board, Barauni, District Begusarai.

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Mr. Shivendra Kishore, Sr. Advocate Mr.Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-11-2022 Petitioner has prayed for the following relief(s):- Petitioner has prayed for the following relief(s):- "(i) For issuance of an appropriate writ nature of Mandamus Commanding and directing the respondent authority to accept the show cause submitted by the petitioner pursuant to letter No. 697 dated 23.6.2022 and letter No. 857 dated 17.08.2022 issued under the signature of Respondent Regional Officer Barauni.

(ii) Further for direction to the Respondent Authorities to exonerate petitioner from the charges leveled against the petitioner vide letter No. 697 dated 23. 6. 2022 as well as letter No. 857 dated 17.8.2022 issued under the Signature of respondent Regional Officer, Barauni.

(iii) Further for direction to the respondent

Patna High Court CWJC No.15080 of 2022(2) dt.16-11-2022 2/2 authorities to produce the letter issued by the respondent regional officer Barauni even after filing of show cause filed by the petitioner and without consider the said show cause filed and final order has been passed directing the petitioner to deposit Rs. 100000/- as fine for non deposite the fee of Air pollution Sahmati order for the year after 19.12.2021 particularly when petitioner has already deposit the fee of Air pollution Sahmati order five years on 30.3.2019 therefore it is on error on part of respondent concerned the said order has been passed by the respondent regional officer. And after production be further pleased to set aside the same. (iv) Further for issuance of any other writ/ writs order/ orders, direction/directions for which petitioner shall be found entitled Under the facts and circumstances of the case as stated herein below under principle of equitable justice."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

Present petition stands disposed of as withdrawn. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini U