Patna High Court
Vikau Saday vs The State Of Bihar on 10 January, 2025
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19431 of 2024
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1. Vikau Saday S/o Late Kailu Saday, resident of Madna Tole, Dhokra, Ward
No.-9, Madna, P.S.-Andhratharhi, District-Madhubani (Bihar).
2. Yogendra Saday, S/o Jholi Saday, resident of Madna Tole, Dhokra, Ward
No.-9, Madna, P.s.-Andhratharhi, District-Madhubani (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Panchayati Raj, Government of
Bihar, Patna.
3. Bihar State Pollution Control Board Bailey Road, Patna through its
Chairman.
4. The Commissioner, Darbhanga Division, Darbhanga.
5. The District Magistrate, Darbhanga.
6. The S.D.O., Jhanjharpur Sadar, District-Darbhanga.
7. Circle Officer, Andhratharhi Anchal, Andhratharhi, District-Madhubani.
8. The Block Development Officer, Andhratharhi, District-Madhubani.
9. Mukhiya Madna Panchayat, Anchal-Andhratharhi, District-Madhubani.
10. Panchayat Sevak, Madna Panchayat, P.S.-Andhratharhi, District-Madhubani.
11. The Superintendent of Police, Madhubani.
12. The S.H.O., Andhratharhi Police Station, District-Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shanti Pratap, Advocate
Mr. Ajit Ranjan Kumar, Advocate
For the Respondent/s : Mr. Vikas Kumar, AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 10-01-2025
The writ petition is filed to restrain the respondents
from establishing a Waste Processing Unit (WPU) within the
residential zone at Khesra No. 692 in Village- Dhokra Tole,
Patna High Court CWJC No.19431 of 2024 dt.10-01-2025
Ward No. 10 in Madna Panchayat, Circle Andhratharhi,
District- Madhubani. It is also prayed that the appropriate site
would be in Khesra No. 339, which is not a residential area. It is
also alleged that the WPU is being established near a pond,
which has religious significance. The No Objection Certificate
given by the Circle Officer is under influence by the Mukhiya
and her husband, is the contention taken.
2. The petitioners have made allegation that the
establishment of WPU in a residential zone is violative of the
guidelines of the State Government as well as that issued by the
National Green Tribunal. However, no such guidelines have
been produced, nor has the specific violation pointed out.
3. The Solid Waste Management Rules, 2016 has been
produced as Annexure-P/2 and P/3, without any rule being
pointed out which has been violated in the establishment of the
WPU. A No Objection Certificate is said to have been issued by
the Circle Officer, which also has not been produced or
challenged in the writ petition. The petitioner has filed the writ
petition mainly on the representations filed before various
authorities annexed along with the writ petition.
4. There is nothing stated as to the violation in
establishing a WPU and the No Objection Certificate of the
Patna High Court CWJC No.19431 of 2024 dt.10-01-2025
Circle Officer has also not been challenged. We also find that
there is no public interest involved, since it specifically refers to
the residential area wherein the petitioners are also residing.
5. We find absolutely no reason to invoke the
extraordinary remedy under Article 226 of the Constitution of
India, that too by a Public Interest Litigation.
6. The writ petition stands dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 10.01.2025
Transmission Date
