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Patna High Court

Nalini Mohan Singh and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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