IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14246 of 2010 SITA RAM SHAW, SON OF BUDHAN SHAW, RESIDENT OF MOHALLA NAYA BAZAR DAALPATTI, P.S. LAKHISARAI, TOWN AND DISTRICT LAKHISARAI ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAJESH KUMAR, SON OF KARU SHAW, RESIDENT OF NAYABAZAR DAALPATTI, P.S. LAKHISARAI, TOWN AND DISTRICT LAKHISARAI. ------ COMPLAINANT-OPPOSITE PARTIES. ----------- 2. 14.12.2010 Heard the parties. The petitioner seeks quashing of the order dated 17.3.2010 passed by Additional District and Sessions Judge, Fast Track Court-3rd, Lakhisarai, in revision case No. 261 of 2009 by which he has affirmed the order dated 6.1.2009 passed by Sub Divisional Magistrate, Lakhisarai, in Case No. 237M of 2008. On the complaint of the Opposite Party No. 2, a proceeding under Section 133 was initiated in which the petitioner was noticed as to whether his Rice Mill was causing pollution in the area. A spot inspection was also done by the Executive Magistrate who reported that the petitioner has located his Rice Mill in the middle of the town whereas it should have been in the Industrial Area. At the time of enquiry, the petitioner was not present there. However, considering that it was not only the Opposite Party No. 2 who made a complaint to the Executive Magistrate but the rest of the people living in that locality about 2 the pollution caused by the Rice Mill of the petitioner at the time of inspection, I am not inclined to interfere in the matter. However, the court below will pass appropriate orders for making an enquiry through the Executive Magistrate as to whether there are other Rice Mill running in that area and if so, they should also be directed to be located in the Industrial Area. With this observation, the application is disposed of. S.Ali ( Anjana Prakash, J.)