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2022 Supreme(Pat) 213

ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Madan Kumar Bhakt @ Madan Bhagat – Appellant
Versus
State of Bihar through the Principal Secretary, Forest and Environment Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mrigank Mauli, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate
For the Respondent:Mr. Shivendra Kishore, Sr. Advocate Mr. Parijat Saurav, Advocate Mr. Surendra Kumar Singh, Advocate Ms. Sudha Chandra, Advocate

JUDGMENT :

ASHUTOSH KUMAR, J.

Heard Mr. Mrigank Mauli, the learned Senior Advocate for the petitioners and Mr. Shivendra Kishore, the learned Senior Advocate for the respondent/Bihar State Pollution Control Board. The State is represented by Ms. Sunita Kumari.

2. When the Circle Officer, Bidupur asked the appellants to close down their poultry farms on 22.06.2018 after having found the situs of the farms to be within 300 meters of the population for which measurement was taken under the orders of the Sub-Divisional Magistrate, Hajipur on 14.05.2018 passed in Misc. Case No. M1/1139 of 2017, the appellants approached this Court vide C.W.J.C. No. 15048 of 2018 for setting-aside of the aforesaid orders.

3. The learned Single Judge, after hearing the matter, found that the decision of the authorities to direct for closure of the poultry farms on the ground of same being situated within 100 to 150 fts. from the village was justified and refused to interfere with such decision.

4. The aforesaid order passed by the learned Single Judge on 04.04.2019 is under challenge in the present appeal.

5. The only contention on behalf of the appellants is that the requirement of any poultry farm to be at a

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