Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17075 of 2023 ====================================================== Pramod Kumar Son of Late Mahabir Prasad, resident of Mohalla - Balughat, Road No. - 2, near Jangli Mai Asthan, P.S. - Muzaffarpur Town, District - Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar Chief Secretary, Government of Bihar, Patna. 2.
The Member Secretary, Bihar Pollution Control Board, Parivesh Bhawan, Plot No.- NS- B/2, Patliputra Industrial Area, Patliputra, Patna. 3.
The Commissioner, Tirhut Division, Muzaffarpur. 4.
The District Magistrate, Muzaffarpur.
5.
The General Manager, District Industrial Centre, Muzaffarpur. 6.
The Sub-Divisional Officer (Eastst), Muzaffarpur. 7.
The District Regional Officer, Bihar State Pollution Board, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the State :
Mr. Kinkar Kumar (SC-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner, learned counsel for the State and Mr. Shivendra Kishore, learned Senior Counsel for the Bihar State Pollution Control Board.
2. The present writ petition has been preferred for grant of following reliefs:- (i) For issuance of an order or orders, direction/directions, writ, including writ in the nature of mandamus directing the respondents to band the illegal Coke Coal Manufactures of the Muzaffarpur Districts, who were manufacturing
Patna High Court CWJC No.17075 of 2023(2) dt.12-09-2024 2/3 Coke Coal in open area, resulted the atmosphere of the area is being polluted and the Government is in huge revenue loss.
(ii) For any other relief or reliefs to which the petitioner may be found entitled in the facts and circumstances of the case.
3. Though, the proper assistance from the petitioner is missing, learned Senior Counsel for the Pollution Control Board took this Court to Annexure-8 to show that their Regional office already took cognizance of the matter and way back on 02.02.2023 directed the Sub-Divisional Officer, East, Muzaffarpur to look into the matter and assured that the illegal manufacturing of coke coal in open area polluting their atmosphere should be stopped immediately.
4. Since, nothing has happened and/or there is no assistance from the petitioner, if the situation as such is continuing, it is an alarming position.
5. In that background, the writ petition stands disposed of with a direction to the District Magistrate, Muzaffarpur (respondent no.4) to look into the matter, summon the Sub-Divisional Officer, East, Muzaffarpur along with the file by which his office received the memo no.443 dated
Patna High Court CWJC No.17075 of 2023(2) dt.12-09-2024 3/3 02.02.2023 (Annexure 8 to the writ petition) issued by the Regional Office of the Bihar State Pollution Control Board, Muzaffarpur and after going through the file and summoning the concerned parties, to not only pass an order at an earliest.
6. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U