Samar Kanti Ghosh v. State Of West Bengal & ORS

ss/jks 16.12.2021 WPA 24984 of 2014 Samar Kanti Ghosh Vs.

State of West Bengal & Ors.

(Through Video Conference) Since no one is present for the petitioner, therefore we have perused the record.

This petition was filed in the year 2014 challenging the order passed by the Public Grievance Cell of West Bengal Pollution Control Board on 24.02.2014 directing the petitioner not to run the diesel generator set placed near Sarada Boarding, Anita Cinema Lane, Burdwan without valid consent of the State Board to operate. This petition challenging the above order is not in the nature of a PIL but it raises a personal grievance on account of the restriction put upon the petitioner. Therefore, for such a personal cause the PIL cannot be maintained. Even otherwise, about seven years have passed after the impugned order was issued by the Pollution Control Board and circumstances may have changed meanwhile. Hence, no purpose will be served in keeping the petition pending.

The petition is accordingly dismissed, however, with liberty to the petitioner to challenge the order dated 24.02.2014 in appropriate proceedings in accordance with law, if he is still aggrieved with the said order. (Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)