Nazrul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18691 of 2024 ====================================================== Nazrul Islam, S/o Mohammad Zafrul Islam, R/o Village-Sakri Chanda Tola, P.S.-Sakri, Distt.-Madhubani, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Rural Development Department, Old Secretariat, Baily Road, Patna-15. 3.

The Secretary, Rural Development Department, Old Secretariat, Baily Road, Patna-15.

4.

The Divisional Commissioner, Darbhanga.

5.

The Collector, Madhubani.

6.

The Addl. Collector, Madhubani.

7.

The Circle Officer, Pandol, Distt. Madhubani. 8.

Mukhiya, Sakri (West) Gram Panchayat, Anchal Pandol, Distt. Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narayan Yadav, Advocate For the Respondent/s :

Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 07-03-2025 Heard Mr. Suraj Narayan Yadav, the learned Advocate for the petitioner and the learned Advocate General for the State.

2. The petitioner has approached this Court for restraining the respondents from setting up a Waste

Patna High Court CWJC No.18691 of 2024(5) dt.07-03-2025 2/3 Processing Unit at a place which is in the centre of the village.

3. It appears from the records that the site chosen for setting up of a Waste Processing Unit is away from the residential area and is to be set up on a low land belonging to the Government. According to the revenue records, it is a Gair Majarua Aam low land.

4. Apart from that, it has been pointed that the Waste Processing Unit in question shall be set up at the site in question only after the approval of the Aam Sabha and Mukhiya.

5. Considering this aspect of the matter, we do not find it necessary to make any further inquiry with respect to the complaint made or apprehensions raised by the petitioner that setting up of such Waste Processing Unit would cause health hazards.

6. There is no merit in this petition. The petition is dismissed.

7. However, it shall be open for the petitioner, if

Patna High Court CWJC No.18691 of 2024(5) dt.07-03-2025 3/3 so desired, to approach the Aam Sabha for the needful. (Ashutosh Kumar, ACJ) (Partha Sarthy, J) Rajesh/Bibhash U