Patna High Court
Gunnu Prasad vs The State Of Bihar on 7 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14923 of 2021
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Gunnu Prasad, Son of Late Badri Singh, Resident of Mohalla - Agamkuan,
Dhanuki More, Police Station- Agamkuan, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.
3. The Chairman, Bihar Pollution Control Board, Parivesh Bhawan, Patliputra,
Patna, Bihar.
4. The District Magistrate, Patna District, Patna.
5. The Sub Divisional Magistrate, Patnacity.
6. The Chief Executive Officer, Patna Municipal Corporation, Patna.
7. The Director General of Police, Patna, Bihar.
8. The Senior Superintendent of Police, Patna, Bihar.
9. The City Superintendent of Police, East Patna, Bihar.
10. The Deputy Superintendent of Police, Patnacity, Bihar.
11. The Station House Officer, Agamkuan, Police Station, Patna.
12. Vijay Sharan (Proprietor of M/S Mahabir Chemicals) S/o not known,
Resident of Mohalla - Dhanuki More, Near Amit Suzuki, Police Station-
Agamkuan, District- Patna, Bihar - 800007.
13. Babu Bhaiya, Son of Vijay Sharan, Resident of Mohalla - Kankarbagh,
Police Station- Kankarbagh, District - Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Respondent/s : Mr. S. D. Yadav, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-09-2021
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.14923 of 2021 dt.07-09-2021
"I) For quashing the order dated
19.03.2021 (Annexure-5) passed by the
Chairman, Bihar State Pollution Control Board,
Parivesh Bhawan, Patliputra, Patna Bihar
(Respondent No. 3) which has been passed
without compliance of order dated 23.12.2020
(Annexure-4) passed by Division Bench of
Hon'ble The Chief Justice and Hon'ble Mr.
Justice S.Kumar in C.W.J.C. No. 9457/2020.
II) For a direction is required to issue to
the respondent authorities for removal of the
and 13 which is established in the residential
area situated at Dhanuki More, Near Amit
Suzuki, within the Jurisdiction of Agamkuan
Police Station Patna which involved in the
production of different acid product from
Tezab(Acid) which is highly corrosive
chemical substance which is fatal to life and
without any license from the District
Magistrate, Patna.
III) For a direction be issued to seal the
said acid factory/Godown/Premises in the
interest of general public of the said residential
colony till its removal.
IV) For other relief/reliefs may be granted
in the interest of common people of the said
locality."
We do not find the petitioner to have made out a case
for interference by this Court by filing the instant Public Interest
Litigation. The locus of the petitioner, in our considered view, is
Patna High Court CWJC No.14923 of 2021 dt.07-09-2021
doubted, for there are no averments whatsoever made in the
petition with regard to the work carried out in the field of
environment. To us, the dispute appears to be inter se two
private parties.
Be that as it may, we notice that the authority below
i.e. Bihar State Pollution Control Board, has passed a detailed
and reasoned order dated 19.03.2021 with which we do not find,
based on the material placed on record, any infirmity. Nothing
is brought on record to indicate the conclusion of the Authority
to be faulty or for that matter the order passed for extraneous
reasons and considerations, so also without application of mind
or consideration of cogent material and the relevant provisions
of law. The authority has not only returned its finding but also
issued certain directions to the private respondents, which are in
public interest.
It is not the case of the petitioner that such directions,
forming part of the operative portion of the order, have yet not
been complied with.
Be that as it may, the provisions of the environmental
laws laid down specific provisions for implementation of such
directions. As such, present petition devoid of merit.
The petition stands dismissed.
Patna High Court CWJC No.14923 of 2021 dt.07-09-2021
Interlocutory application, if any, also stands
dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 10.09.2021
Transmission Date
