RAM BRIKSHA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant writ petition has been filed for issuance of a writ in the nature of Mandamus for commanding the respondents to implement the order passed by respondent Nos. 3 and 4 as contained in Annexure(s) 2 and 3 to this writ application whereby he had directed the respondent Nos. 5 and 6 to wind up the Grill Shutter Industry in a residential area due to pollution and health hazard.

(2.) The case of petitioner is that he has sent a letter to the Sub-Divisional Officer, Munger (Tarapur) stating therein that person who is running the Grill Shutter Industry is creating nuisance and making pollution. The petitioner who is aged about 75 years is suffering from several diseases. The Sub Divisional Officer Tarapur ( Munger), has directed the Circle Officer Sangrampur (Tarapur) to make enquiry. The enquiry was done and, vide order, as contained in Annexure-3, direction was issued to the proprietor of Grill Shutter Industry, namely, Mr. Sunil Kumar Bhagat and Mr. Ashish Mandal to shift the same to some other place. The order was not complied with. The petitioner filed representation before the authority concerned as well as District Magistrate, Munger for non-compliance of the order passed by SDO, Tarapur as well as C.O. Sangrampur Vide Annexure(s) 4, 5 and 6 respectively.

(3.) Learned counsel for petitioner has submitted that prior to this Grill Shutter Industry there was a Saw Mill which has been vacated on the ground of pollution in the residential area. Photo copy of the order dated 25.6.2009 has been annexed as Annexure-7 to writ petition.