IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14311 of 2016
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                 M/s R. K. Electricals And Engineering 47
                                                                       .... .... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
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                 Appearance :
                 For the Petitioner/s     :   Mr. Nand Gopal Mishra
                 For the Respondent/s       : Mr. Pankaj Kumar- Sc12
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                 CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR
                 DATTA
                 ORAL ORDER

4 28-09-2016 Learned counsel for the petitioner is permitted to correct the spelling of the name of the respondent no.3 in course of the day.

Learned counsel for the State has produced the original records of the tender process before this Court.

It is submitted by learned counsel for the petitioner that the tender has been wrongly rejected and work order has been issued in favour of respondent no.3 on the non-est ground that the petitioner had not attached the pollution certificate from the Bihar State Pollution Control Board whereas the same has been done by the respondent no.3.

The fact of the matter is that the respondent no.3 has also not produced any pollution certificate issued by the Pollution Control Board along with the tender papers rather the so-called Pollution Control Certificate is in fact a Consent-To-Establish (NOC) under sections 25 & 26 of the Water (Prevention & Control of Pollution) Act, 1974 and 21 of the AIR (Prevention & Patna High Court CWJC No.14311 of 2016 (4) dt.28-09-2016 2/2 Control of Pollution) Act, 1981 with respect to the application of the respondent no.3 to establish Diesel Generator set at Khata no.741, Khesra no.707, Mauza-Mainpura, at-Mainpura, P.O.- Patliputra, District-Patna with the capacity-125k VA and thus cannot be called the pollution certificate issued either generally or for the PMCH.

As a matter of fact, according to learned counsel, no such certificate could be issued before issuance of work order by the authorities of the PMCH but they arbitrarily proceeded in the mater.

Issue notice to the respondent no.3. Requisites both under ordinary process registered cover with A/D, must be filed by 30th September,2016 failing which the writ petition shall stand rejected without further reference to a Bench.

Within the same period learned counsel for the petitioner shall file requisites for Dasti summons on the respondent no.3 and thereafter office shall hand over the same to learned counsel for the petitioner for service of the same upon respondent no.3.

Put up on 17th October, 2016.

Let the original records called for be retained until the disposal of the matter.

(Ramesh Kumar Datta, J) B.Kr./-

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