Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17889 of 2022 ====================================================== Manish Kumar Singh S/o Sri Mithilesh Singh Resident of Village and P.O.- Lanka Kachhuara, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, Patna. 2.
The Additional District Magistrate, General, Patna. 3.
The Sub-Divisional Officer, Patna Sadar, Patna. 4.
The Circle Officer, Sampatchak, District- Patna. 5.
The Bihar State Pollution Control Board, through its Chairman. 6.
The Chairman, Bihar State Pollution Control Board, Patna. 7.
The Secretary, Bihar State Pollution Control Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Singh, Advocate For the State :
Mr. Raj Kishore Roy (G P 18) For the BSPCB :
Mr. Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Pollution Control Board.
The petitioner has filed the instant application for the following reliefs:- "(i) To quash the order contained in memo no. 3062 dated 17.11.2022 issued by the Chairman, Bihar State Pollution Control Board, Patna whereby and where under direction for closure of the unit of petitioner has been passed and further direction has been given to district administration to seal the unit of petitioner. A copy of memo dated
Patna High Court CWJC No.17889 of 2022(2) dt.25-02-2023 2/3 17.11.2022 is annexed application. as ANNEXURE-1 to this application.
(ii) To direct the respondents not to disturb the petitioner from running the unit. And/or Pass such other order(s) as per the facts and circumstances of the case."
At the outset, it is submitted by learned counsel for the respondent Bihar State Pollution Control Board that the order impugned contained in memo no. 3062 Patna, dated 17.11.2022 (Annexure-1) issued under the signature of the Chairman, Bihar State Pollution Control Board, besides others, are appellable under section 31 of the Air (Prevention & Control of Pollution) Act, 1981 (hereinafter referred to as 'the Act').
Having heard learned counsel for the parties, the instant application is disposed of with the direction to the petitioner to prefer an appeal, for the reliefs prayed for herein, under section 31 of the Act. The appeal shall be filed by the petitioner within a period of one week from today along with the prayer for interim relief / order.
The order impugned dated 17.11.2022 having been preferred in the instant case within period of 30 days (affidavit of the petitioner being 5.12.2022), the question of limitation will
Patna High Court CWJC No.17889 of 2022(2) dt.25-02-2023 3/3 not come in the way of the petitioner and the appeal shall be decided on its own merit.
It is informed by learned counsel appearing for the respondent State as also respondent Bihar State Pollution Control Board that as per instructions received, the unit in question has not been sealed as yet by the respondent Board or the District Administration. It is ordered that till the first date of hearing of the appeal so preferred by the petitioner, no coercive steps shall be taken by the respondents pursuant to the order contained in memo no. 3062 Patna, dated 17.11.2022 (Annexure-1).
It is clarified that if no appeal is preferred by the petitioner on or before 4.3.2023, the respondents may proceed in accordance with law.
This order has been passed in presence of Mr. Raj Kishore Roy, learned Government Pleader for the State and Mr. Parijat Saurav, learned counsel for the Bihar State Pollution Control Board who will immediately communicate the same to the respondent authorities.
(Partha Sarthy, J) Spd/- U