SITARAM CHHAPARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition was filed as a Public Interest Litigation by five persons residents of localities which are contiguous to each other namely Rajendra Nagar and Raj Kishore Complex, Kankerbagh. Of the five petitioners, one of them is a retired Engineer-in-Chief, Road Construction Department, a Chief Engineer, Bihar State Electricity Board and another a retired official of the Bihar State Finance Corporation and yet others are an advocate of the Patna High Court and a retired District and Sessions Judge.

(2.) The petitioners are aggrieved by an industrial unit which has been set up by one Messrs Kushal Tyre Udyog Private Limited, respondent No. 7, in Rajendra Nagar.

(3.) On facts there is no issue and accepted between the petitioners and the respondent alike. The respondent No. 7 i.e. the management of the industrial unit, as of date has not filed any counter affidavit. It has permitted the proceeding to go on and taken a ring side seat to watch what goes on in Court. Today, it is being explained to the Court by its counsel that this respondent has a counter affidavit ready, if permitted to file it could be filed. The question arises as why this respondent was watching this petition and evading the reply for the last 5 years.