Ram Tapeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18702 of 2024 ====================================================== Ram Tapeshwar Yadav Son of Lakshmi Narayan Yadav Resident of VillageKyamchak P.S.-Keoti District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Collector, Darbhanga.

3.

The Circle Officer, Keoti, Darbhanga.

4.

The Chairman of Bihar State Pollution Control Board, Bihar, Patna. 5.

Ramkripal Yadav Son of Mahendra Yadav Resident of Village-Kadam Toli, P.S.-Keoti, District-Darbhanga.

6.

Navin Kumar Yadav @ Mintu Jee Son of Mahendra Yadav Resident of Village-Kadam Toli, P.S.-Keoti, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate Mr. Ashish, Advocate For the State :

Mr. P.K.Shahi, Advocate General Mr. Vikash Kumar, Advocate For the Union of India : Ms. Kanak Verma, CGC For the Pollution Board : Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY) 12-12-2024 Heard learned counsel for the petitioner, learned Advocate General for the State of Bihar and learned counsel for the Pollution Control Board.

Patna High Court CWJC No.18702 of 2024(2) dt.12-12-2024 2/3

2. The petitioner who claims of not having any direct or indirect personal interest in the matter has filed the instant Public Interest Litigation praying for cancellation of the license of the brick-kiln situated in Mauja Hanumannagar in the district of Darbhanga.

3. The case of the petitioner in brief is that the brickkiln has been established by the private respondents illegally and the transport of material to and from the same is causing noise and air pollution. The petitioner states that a representation has been filed both before the District Magistrate, Darbhanga as also in the regional officer of the State Pollution Control Board, however no action has been taken.

4. So far as the establishment of a brick-kiln is concerned, the same is done by a license issued by the authority concerned after taking various factors into consideration including the reports of the Public Works Department, the Pollution Control Board etc. Except for a bald allegation having been made by the petitioner that the brick-kiln is being run in an illegal manner, there is no other material on record to substantiate the allegations.

5. Having heard the observation of this Court, learned counsel for the petitioner seeks permission to withdraw this

Patna High Court CWJC No.18702 of 2024(2) dt.12-12-2024 3/3 application with liberty to pursue his representations before the District Magistrate and the State Pollution Control Board.

6. The application is dismissed as withdrawn, with liberty as above.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Saurabh/- U