Wing Commandar (Wg Cdr) Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13004 of 2024 ====================================================== Wing Commandar (Wg CDR) Narendra Kumar Retired aged about 80 Years, Male, S/o Late Dr. Dharmendra Brahmchari Shastri, Director of Alankar Auto Sales and Service Private Ltd. The Company incorporated as Per the Provisions of Indian Companies Act, 1956 Having its Registered Office at Alankar Motors Complex, Boring Canal Road (East) Raja Pul, P.S. Budhha Colony, Patna-800001, Resident of Flat no. 506, Durga Marine Drive, Dujra Devi Sthan, Dujra, Rajapur, Ashok Rajpath, Patna, Phulwari, Patna-800001 ... ... Petitioner/s
Versus
1.
The State of Bihar through Secretary, Department of Forest and Environment, Parivesh Bhawan, Patliputra, Industrial Area, Patna. 2.
Secretary, Forest and Environment, Sichai Bhawan, Old Secretariat, Patna. 3.
Chairman,Bihar State Pollution Control Board, Parivesh Bhawan, Patna. 4.
District Magistrate, Patna. Bihar.
5.
Sub Divisional Officer, Danapur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rohan Verma, Advocate For the BEPCB :
Mr.Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2025 Heard the parties.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of appropriate Writ/Writs Order/Orders for setting aside an order dated 08.05.2024 issued by the Chairman, Bihar State Pollution Control BoardRespondent No. 3 under Section 31A of the Air (Prevention and Control of Pollution)
Patna High Court CWJC No.13004 of 2024(11) dt.19-09-2025 2/3 Act, 1981 and Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, addressed to Shri Prakash Kumar (workshop manager), M/s Alankar Auto Sales and Service Private Limited, R.P.S. More, Ranjan Path, Bailley Road, Patna directing therein to close and stop operation of the M/s Alankar Auto Sales and Service Private Limited with immediate effect failing which the Pollution Board would be constrained to file complaint under the relevant provisions of the Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974 with other actions under other suitable provisions of the Environment (Protection) Act, 1986, Air and Water (Prevention & Control of Pollution) Act, 1981 to be referred to as (Pollution Act hereinafter for the sake of brevity). This Writ application is also being preferred for Quashing the order dated 19.07.2024 issued by the Sub
Patna High Court CWJC No.13004 of 2024(11) dt.19-09-2025 3/3 Divisional Officer, Danapur vide Memo No.
931 (vide Annexure-5) under approval of the District Magistrate, asking Officer incharge, Rupaspur, Police Station to seal the petitioning servicing unit.
3. The different records/counter affidavit of the Bihar State Pollution Control Board shows that they have undertaken the job of visiting the workshops across the State beside the capital city also and the reports are part of the record.
4. When notices are being issued to those defaulters, the Board is also duty bound to send appreciation letters to the workshops which have been found to be in line with its guidelines specially Muzaffarpur, Purnea and East Champaran.
5. As the grievance of the petitioner already stands redressed, the writ petition is disposed of with instruction to the Bihar State Pollution Control Board to continue with the steps that they have undertaken.
(Rajiv Roy, J) Ravi/- U