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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8048 of 2015 ====================================================== Om Prakash And Another .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Navendu Kumar For the Respondent/s : Mr. Smt. Namrata Mishra, GA-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 5 01-02-2016 Pursuant to the directions given by the order, dated 25.01.2016, respondent No.10, namely, Collector-cum-District Magistrate, East Champaran, is personally present in Court along with all relevant records.
Heard Mr. Navendu Kumar, learned counsel appearing for the petitioners, and Mrs. Namrata Mishra, learned Government Advocate No.13, appearing for respondent Nos. 1 to 3 and 8 to 12. Heard also Mr. Shivendra Kishore, learned senior Counsel for the respondent Nos. 4 to 7, and Raghwanand, learned counsel for the respondent Nos. 8 and 9, namely, Nagar Parishad. Heard also Mr. Vijay Shankar Shrivastava, learned counsel for respondent No.13.
What transpires is that there are 26 marriage halls, which are, according to the petitioners, run in the densely populated area of Motihari Town, and because of smoke being generated by high power generators and fireworks, cause pollution. Patna High Court CWJC No.8048 of 2015 (5) dt.01-02-2016 2
Mr. Shivendra Kishore, learned senior Counsel for the respondent Nos. 4 to 7, submits that if any marriage hall is found to have been functioning in violation of provisions of the Air (Prevention and Control of Pollution) Act, 1981, prompt action would be taken against the proprietor/owner of the marriage hall.
Learned counsel the respondent Nos. 4 to 7 seeks further time to file a supplementary counter affidavit showing as to what action has been taken by them under the provisions of the Air (Prevention and Control of Pollution) Act, 1981.
Considering the matter in its entirety and in the interest of justice, it is hereby directed that this Public Interest Litigation be listed, on 29.02.2016, under the present heading.
In the meantime, issue notices to newly impleaded respondent Nos. 15 to 29 including respondent No.14 by registered post with AD as well as by ordinary process.
Let the steps for service of notices be taken by the petitioners within three days from today.
Until further orders, the personal appearance of respondent No.10, namely, Collector -cum- District Magistrate, East Champaran, shall stand dispensed with.
(I.A. Ansari, ACJ) (Samarendra Pratap Singh, J) A.I./-
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