Santosh Kumar Singh v. The Chairman, Bihar State Pollution Control Board
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15701 of 2024 ====================================================== 1.
Santosh Kumar Singh son of Sadanand Singh, resident of Village-Ghutve, PO-PS-Sono, District-Jamui, Bihar.
2.
Abi Kumar, Son of Lattu Ram, resident of Village-Mallepur, PO-PSMalepur, District-Jamui, Bihar. ... ... Petitioners
Versus
1.
The Chairman, Bihar State Pollution Control Board Parivesh Bhawan, NSB2, Patliputra Industrial Area, PO-Sadaquat Ashram, Patna, Bihar. 2.
The Member Secretary, Bihar State Pollution Control Board, Parivesh Bhawan, NSB-2, Patliputra Industrial Area, PO-Sadaquat Ashram, Patna, Bihar.
3.
The Regional Officer, Regional Office, Bihar State Pollution Control Board, Industrial Area, Barari, Bhagalpur, Bihar, Patna. 4.
The Regional Officer, Bihar State Pollution Control Board, Barauni Industrial Area, PO-Tilrath, District-Begusarai, Bihar. 5.
Sri Deepak Kumar Barnwal son of Randhir Kumar Barnwal (Partner) x 6.
Smt. Kavita Barnwal W/o Randhir Prasad Barnwal, Proponent M/S Deep Rice Udyog, At and PO and PS-Sono, District-Jamui, Bihar. 7.
The Principal Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna.
8.
The Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna.
9.
The District Magistrate, Jamui.
10.
The Sub-divisional Officer, Jamui.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Advocate For the Pollution Control Board: Mr. Kumar Ravish, Advocate For the Private Respondents:
Mr. Satyabir Bharti, Sr. Advocate Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners, learned counsel for the Bihar Pollution Control Board and learned counsel for the private respondents.
Patna High Court CWJC No.15701 of 2024(5) dt.04-11-2025 2/3 2.
This writ petition has been filed for the following reliefs:- "(i) For physical verification of the plant in the name and style of M/S Deep Rice Udyog, where by violating provisions of the Water (Prevention and Control of Pollution) Act, 1974 as well as provision of the Air (Prevention and Control of Pollution) Act, 1981 running and operating the plant affecting the local environment of the area.
(ii) For the further direction to the respondent authorities to verify the information as mentioned in the affidavit sworn as 'CONSENTTO-ESTABISH' (NOC) and if it is found not true and further be quashed the letter dated 11-102021 contained in Ref. No. ROB (NOC) 1733/21/1286 accorded 'NOC' with Emission Consent Order as well as Letter dated 11-102021 contained in Ref. No. ROB (NOC) 1790/21/1287 NOC with discharge consent both issued by the respondent Regional Officer, Regional Office-cum-Laboratories, Barauni, District - Begusarari and be further quashed the subsequent letter dated 18-07-2024 contained in Ref. No. ROB (NOC) 1790/21/690 consent to establish (NOC) for granting expansion of capacity which is based on same affidavit of year 2021 giving consent order of 06 Mt/hr to 03Mt/hr."
3.
In the opinion of this Court, the petitioner has no locus standi to move this Court under writ jurisdiction
Patna High Court CWJC No.15701 of 2024(5) dt.04-11-2025 3/3 for the reliefs sought for in the present petition. The present petition appears to be misconceived.
4.
Accordingly, this writ petition is dismissed with liberty to the petitioners to avail remedies in accordance with law.
(Sandeep Kumar, J) pawan/- U