IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9410 of 2017
                  ======================================================
                  Salimullah
                                                                             ... ... Petitioner/s
                                                     Versus
                  The State Of Bihar & Ors
                                                                          ... ... Respondent/s
                  ======================================================
                                                      with
                                Civil Writ Jurisdiction Case No. 15858 of 2017
                  ======================================================
                  Saroj Kumar
                                                                             ... ... Petitioner/s
                                                     Versus
                  The State Of Bihar & Ors
                                                                          ... ... Respondent/s
                  ======================================================
                  Appearance :
                  (In Civil Writ Jurisdiction Case No. 9410 of 2017)
                  For the Petitioner/s      :       M/s. Hansa Jha, Advocate &
                                                    Manisha Pandey, Advocate
                  For the State             :       Mr. Sarvesh Kumar Singh- AAG 13
                  For the PMC               :       Mr. Prasoon Sinha, Advocate
                  For the BSPCB             :       Mr. Shivendra Kishroe, Senior Advocate
                                                    Mrs. Binita Singh, Advocate
                  (In Civil Writ Jurisdiction Case No. 15858 of 2017)
                  For the Petitioner/s      :       Mr. Deepak Kumar, Advocate
                  For the State             :       Mr. Sarvesh Kumar Singh-AAG 13
                  For the BSPCB             :       Mr. Shivendra Kishroe, Senior Advocate
                                                    Mrs. Binita Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                        ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE) 10 13-03-2018 In pursuance to the order passed on the last date, the District Magistrate, Patna, Sri Kumar Ravi, is present in Court. On queries made by us, the District Magistrate informs us that based on the report submitted by the Pollution Control Board, Annexure R-A series with the return of the Pollution Control Board, the District Magistrate has requested the Pollution Patna High Court CWJC No.9410 of 2017(10) dt.13-03-2018 2/3 Control Board to take action in the matter or inform the District Magistrate as to what further action is required to be taken by the District Magistrate.

On hearing learned counsel for the parties and on going through the statutory provisions, as are contained in the Air (Prevention & Control of Pollution) Act, 1981, we find that in case, on inspection conducted, the statutory authority, namely the Pollution Control Board, finds any illegality in functioning of the industry or establishment in question, it is the Pollution Control Board, the statutory authority, to decide in accordance with law for taking action on the illegality committed and the District Magistrate is not authorized under law to proceed in the matter. That being so, the direction issued by us earlier to the District Magistrate, Patna, seems to be an order passed inadvertently without taking note of the statutory provisions and, therefore, we recall the said order and direct the Pollution Control Board to take action for removal of the illegality as found by them in the inspection conducted in accordance with law, meaning thereby that the industry or establishment which is found to be functioning in the area in contravention to the statutory provision, they should be issued with the show cause, granted liberty of being heard and after due process of law, as Patna High Court CWJC No.9410 of 2017(10) dt.13-03-2018 3/3 are contemplated in the statute, take action and submit a report to this Court.

We direct for listing of the matter after six weeks. Needless to emphasize that the interveners, who are said to be affected, will also have liberty to raise objection with regard to the issue in question in accordance with law.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/-

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