Patna High Court
Nalini Mohan Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution due to the petitioners' failure to appear.
Summary
The petitioners filed a writ application seeking a directive for the State of Bihar and the Bihar State Pollution Control Board to fulfill a legal obligation arising from a prior judgment dated 16 July 2013, which was upheld by the Supreme Court. The Board had reportedly regularized the petitioners' services in its 105th meeting. No counsel appeared on behalf of the petitioners on the hearing date, while the State and the Pollution Board were represented. The Court noted the lack of representation for the petitioners and, citing procedural rules, dismissed the petition for non‑prosecution. The dismissal effectively closed the petition without addressing the substantive compliance issue.
Issues considered
- Whether the petitioners can compel the State and the Pollution Control Board to comply with the earlier court order
- Whether the petition should proceed in the absence of any petitioner representation
Subjects
- environmental law
- pollution control
- writ petition
- non‑prosecution
- regularization
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3698 of 2017
======================================================
1. Nalini Mohan Singh, Son of late Madan Mohan Singh R/o Mohalla- H.No.
400, Nehru Nagar, P.S. Patliputra Colony, District- Patna.
2. Bishundeo Tiwari, S/o late Ramdhari Tiwari R/o Village- Balaunti, P.S.
Shahpur, District- Bhojpur.
3. Nand Lal Ram, S/o Biran Ram R/o Mohalla- New yarpur, Purandapur,
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Department of Environment
& Forest, Government of Bihar, Patna.
2. The Chairman, Bihar State Pollution Control Board, Parivesh Bhawan, NSB,
-2 Pataliputra Industrial Area, Patliputra, Patna-800013.
3. The Member Secretary, Bihar State Pollution Control Board, Parivesh
Bhawan, NSB, -2 Pataliputra Industrial Area, Patliputra, Patna-800013.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Sarvesh Kumar Singh, AAG-13
For the B.S.P.C.B : Mr. Shivendra Kishore, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 09-01-2026 No one appears for the petitioners. Learned Senior
counsel for the Bihar State Pollution Control Board and learned
counsel for the State of Bihar are present.
2. The petitioners have filed the instant application for
the following relief(s) :
“1. That this writ application is being filed on
behalf of the petitioners for commanding/directing
the Respondents to discharges their legal
obligation as held by this Hon'ble Court and order
Patna High Court CWJC No.3698 of 2017(4) dt.09-01-2026
2/2
passed in L.P.A. No. 242/2008 (Arising out of
CWJC No. 4568/2003) dated 16.7.2013 so upheld
by Hon'ble Supreme Court in S.L.P. (C) No.
29637/2013.”
3. It is submitted by learned Senior counsel appearing
for the Bihar State Pollution Control Board that as per oral
instructions received, the case of the petitioner for regularization
was considered in the 105th Board Meeting and as per
information, the services of the petitioner has been regularized.
4. No one had appeared on behalf of the petitioners on
19.12.2024 also.
5. As no one appears on behalf of the petitioners
today, the case is dismissed for non-prosecution.
(Partha Sarthy, J)
Shiv/-
U
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