SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Pat) 13658

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


13-03-2026


(Rajiv Roy, J)


Adnan/-U

ORAL ORDER

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 despite repeated request as also the direction of the SSP, Patna, the Rupaspur Police Station and Buddha Colony Police Station failed to respond. Learned GP-2 has provided memo no. 573 dated 20.02.2026 issued by the office of the SSP, Patna which directed the concerned Police Stations to approach the learned State counsel and file affidavits. In that background, the S.H.Os of the Rupaspur PS and Buddha Colony are required to present themselves alongwith their respective affidavits before this Court to submit:

“(i) why the order dated 06.02.2026 has not been complied;

(ii) why they failed to reply to the directives of the SSP, Patna and

(iii) why they have ignored the communication made by the learned State counsel.

(iv) the number of DJs fined/seized for the period recorded above;

8. Learned Lawyers of the Patna High Court have complained that there is a mysterious lady Police Officer under Dial 112 and when any complaint is lodged, she appears on the spot, asks the complainant to come out of the house and videographs the complaint in the presence of those against whom the complaint has been made making their situation vulnerable as their identity clearly gets disclosed.

9. Mr. Prashant Pratap, learned GP-2 assures this Court that the lady Police Official who is actually defeating the purpose of lodging the complaint to DIAL 112 shall be traced out and sensitized.

10. Then there is Alamganj P.S. in whose jurisdiction the Bihar Judicial Academy is situated. Learned Amicus Curiae submits that the concerned Police officials too allow those residing closer to the Academy to continue the use of DJss/loudspeakers all through the night and even during the day time and the decibel level is so high that it hampers the training session

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top