PATNA HIGH COURT
Surendra Prasad
MJC-2540/2024
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2540 of 2024 In Civil Writ Jurisdiction Case No.15202 of 2018 ======================================================
Surendra Prasad Son of Late Motilal Prasad, Resident of House No. 405, Ward No. 12, English Kabristan, Hanumangadhi, Motihari, Police Station-
Town, District- East Champaran.
... ... Petitioner/s Versus
1. The State of Bihar
2. Dr. D.K. Shukla, The Chairman, Bihar State Pollution Board, Patna.
3. Sri S. Chandra Shekhar, The Secretary, Bihar State Pollution Board, Patna.
4. Sri Gopal Meena, The Commissioner, Tirhut Division, Muzaffarpur.
5. Sri Saurabh Jorwal, The District Magistrate-Cum- Collector, East Champaran, Motihari.
6. Sri Kantesh Kumar Mishra, The Superintendent of Police, East Champaran, Motihari.
7. Sri Shrestha Anupam, Sub- Divisional Officer, Sadar, Motihari, East Champaran.
8. Smt. Sandhya Kumari, Circle Officer, Sadar, Motihari, East Champaran. 9. Sri Vinod Kumar Singh, The Civil Surgeon, Motihari, East Champaran.
10. Sri R.K.Mishra, The Chief Factory Inspector, Motihari, East Champaran.
11. Sri Rakesh Bhaskar, The Officer-in- Charge, Sadar, Motihari, East Champaran.
12. Vishesh Kumar Singh Son of Basant Kumar Singh, Advocate, (in person)
Patna High Court, Patna.
... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate Amicus Curiae : Mr. Ajay, Sr. Advocate For the Pollution Control Board : Mr. Shivendra Kishore, Sr. Advocate Mr. Rajesh Kr. Singh, Sr. Advocate Mr. Abhimanyu Singh, Advocate : Mr. Abhineet Prakash, Advocate For the State : Mr. Prashant Pratap, GP-2 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
15 13-03-2026 Heard Mr. Ajay, learned Senior Counsel and Amicus Curiae, Mr. Prashant Pratap, learned GP-2 for the State as also Mr. Rajesh Kr. Singh, learned Senior Counsel representing the Bihar State Pollution Control Board (henceforth for short ‘the Board’).
2. Paragraph-12 of the order dated 06.02.2026 read as follows:
“12. Further, the S.H.O’s of the Kadamkuan, the Pirbahore P.S., Rupaspur P.S., Buddha Colony P.S. as also Gandhi Maidan P.S. shall be filing their respective affidavits on the number of DJs that have been fined/seized between 15.11.2025 to 31.01.2026 as also the steps they have taken to curb noise pollution under their respective jurisdiction.”
3. It seems that the SHOs of the concerned Police Stations have not even bothered to go through the order inasmuch as, there is no list to show how many DJs were fined/seized between 15.11.2025 to 31.01.2026 under their jurisdiction.
4. It that background, the affidavits filed by both the Pirbahore P.S. and the Kadamkuan P.S. stand rejected and they are required to comply with the aforesaid paragraph 12 of the order dated 06.02.2026. The period for providing information on seizure/fine of DJs is now for the period of 15.11.2025 to 28.02.2026. Failure to reply to the said paragraph alongwith the supporting annexures, they are required to be present in the Court on the next date of hearing.
5. So far as Gandhi Maidan Police Station is concerned, though it also failed, the connecting annexures show that it has done some job and has also taken steps in line with the directions given by the Senior Superintendent of Police dated 12.03.2026 and the Sub Divisional Officer, Sadar on 21.02.2026. The SHO shall be filing the number of DJs fined/seized as recorded above.
6. So far as the affidavit filed by the Masaurhi, SDO is concerned, this Court would like to put on record its word of appreciation for the steps that he has taken which reflects from the different annexures attached with the said affidavit. The Sub-Divisional Officer, Masaurhi not only revived the first phone number 0612-243-4246 but also made available another phone number i.e. 0612-457-5621 for the convenience of the public.
7. It has been informed by the learned State counsel that desp
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