State Pollution Cont v. Dist.Head Quarters

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2723 of 2013 State Pollution Control Board, Odisha ....

Petitioner Mr. S.K. Mishra, Advocate -VersusDistrict Head Quarters Hospital, Nabarangpur and another ....

Opposite Parties Mr. S.S. Mohapatra, ASC

CORAM:

JUSTICE R.K. PATTANAIK Order No.

ORDER

15.07.2022 07.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

As submitted by learned counsel for the State, the complaint was filed against OP No.2, who is no more since he died on 30th March, 2016 supporting which a copy of the death certificate is shown to the Court.

3.

The complaint is at the instance of the petitioner against OP No.2 as well as the CDMO and the order of cognizance dated 5th September, 2011 in CRP No.15 of 2010 vis-à-vis OP No.2 since was set aside is presently under challenge before this Court. 4.

However, in view of the submission of learned counsel for the State and the fact that OP No.2 has died in the meantime, the complaint as against him would obviously stand abated.

// 2 // 5.

Therefore, in view of the above, there remains nothing to consider in the petition which has become infructuous. 6.

The CRLMC is disposed of as such.

7.

The interim order dated 20th December, 2013 passed earlier stands vacated.

(R.K. Pattanaik) Judge KC Bisoi