Patna High Court - Orders
Surendra Prasad vs The State Of Bihar on 10 October, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
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.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the State : Mr. Prashant Pratap, GP-2
For the Pollution Control Board : Mr. Shivendra Kishore, Sr. Advocate
: Mr. Abhineet Prakash, Advocate
Amicus Curiae : Mr. Ajay, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
12 10-10-2025Heard Mr. Ajay, learned Senior Counsel as Amicus Curiae appearing in this case and Mr. Prashant Pratap, learned GP-2 for the State as also Mr. Shivendra Kishore, learned Senior Counsel representing Bihar State Pollution Control Board Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 2/26 (henceforth for short 'the Board').
2. Pursuant to the last order, the SHOs of the Kadamkuan P.S., Pirbahor P.S. and Masaurhi P.S. are present before this Court.
3. This Court will first take up the matter of Paliganj Sub-Division. The Sub-Divisional Officer, Paliganj has narrated the entire development that has taken place as incorporated in paragraph nos. 3 to 7 which read as follows:
"3. That in compliance of the order dated- 12.09.2025 passed by Hon'ble Court, the S.D.O., Paliganj has passed order vide memo no.1534, dated 12.09.2025, whereby Control Room has been constituted within the premises of the Sub-Divisional Office, Paliganj having Phone No.-06135-277399. If there is any complaint made with regard to noise pollution then two staffs have been deputed to inform the Nodal Officer in this regard.
4. That apart from the constitution of the Control Room, a raiding team has been constituted and for this purpose, the Nodal Officer, police officers and Magistrates have Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 3/26 been deputed along with their mobile numbers and they have been directed to take strict action to stop sound pollution in light of section-31A of the Air (Prevention and Control of Pollution) Act, 1981. The duties of each of the authorities has been clearly defined and they have been directed to ensure that there is no noise pollution in the Paliganj Sub-Divisional Area.
5. That the S.D.O., Paliganj, vide memo no. 1333 dated 24.09.2025 has directed the Executive Officer, Nagar Panchayat, Paliganj, to submit report with regard to the Hotels, Marriage Halls, Banquets, etc., after proper supervision, pursuant to which the Executive Officer, Nagar Panchayat, Paliganj, has sent his report vide letter no. 661 dated 07.10.2025 with regard to the status of the different Marriage Halls under Nagar Panchayat, Paliganj, whether NOC has been obtained pollution levels, electricity connection, fire control and traffic police.
6. That further, the different Marriage Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 4/26 Halls and their proprietor like Vikas Kumar, Satish Kumar, Kranti Kumar, Soni Devi, Bimlesh Kumar, Uday Shankar Singh, have given their affidavits that they shall not use high decibel loud speakers and that their institution will not use any loud speakers after 9:55 PM.
7. That in view of the aforesaid facts, it is apparent that the S.D.O., Paliganj, has taken needful action for the compliance of the orders passed by the Hon'ble Court."
(emphasis added)
4. This Court appreciates the sincere efforts taken by the Sub-Divisional Officer, Paliganj. The Officer has realised and taken up the matter on a serious note and has done commendable job. As per the affidavit, they have come up with a Control room with Phone no. 06135-277399 for any complaint and Nodal Officer/Staffs have also been deputed. Further, the proprietors of the marriage halls have also given certificates of not using the volume on high decibel level and to close it at 9:55 PM. This Court hopes that the seriousness with which the step has been taken and affidavit filed, the same shall continue till the menace comes to an end and regular monitoring shall be Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 5/26 done without waiting for the complaint.
5. So far as the Masaurhi Sub-Division is concerned, the reports submitted by the Sub-Divisional Police Officer-1, Masaurhi and Sub-Divisional Police Officer-2, Masaurhi are merely cut and paste inasmuch as the paragraphs of their affidavits, matches word by word and have been filed only for the sake of filing.
6. For kind reference, paragraph nos. 3 to 9 of one of the affidavit is being incorporated:
"3. That it is respectfully submitted that in compliance with the above-mentioned order, the Sub-Divisional Police Officer, Masaudhi-01, Patna, called for a report from the Station House Officers of Masaudhi, Kadirganj, and Lahsuna vide Memo No. 2649 dated 26.09.2025, regarding the seizure of DJ equipment and the imposition of fines for the use of pressure horns, which were found to be in violation of city regulations.
4. That it is respectfully submitted that, vide DR No. 4619 dated 06.10.2025 of Masaudhi Police Station, Memo No. 1705 dated Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 6/26 06.10.2025 of Kadirganj Police Station, and reports received from Bhagwanganj and Lahsuna Police Stations, it has been stated that last three months no seizure of DJ equipment or loudspeakers was made in their respective jurisdictions. It has also been mentioned that no challan was issued against any vehicle for the use of pressure horns or for causing noise pollution in the said areas.
5. That it is respectfully submitted that, vide Letter No. 6105 dated 06.10.2025, the Sub-
Divisional Police Officer-01, Masaudhi,
submitted her report to the Senior
Superintendent of Police, Patna, stating that in the last three months, within the jurisdiction of her locality, no DJ equipment or loudspeakers were seized, and no challan was issued against any vehicle for violation of noise regulations pertaining to the use of pressure horns.
6. That it is respectfully submitted that directions have been issued to all the Station House Officers under the jurisdiction of SDPO, Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 7/26 Masaurhi-01, for continuous monitoring of noise pollution. The police authorities have been instructed to strictly adhere to the prescribed guidelines in this regard.
7. That it is respectfully submitted that, upon receipt of any complaint at the concerned police station, immediate action is taken, and DJ systems or sound equipment operating beyond the prescribed decibel limits or beyond the permitted time are seized without delay.
8. That it is respectfully submitted that, in public places such as schools, hospitals, and other designated areas where the use of pressure horns is prohibited, continuous monitoring is being carried out. Upon receipt of any complaint, the concerned officer takes immediate action in accordance with law.
9. That it is humbly submitted that the show cause of the Op. No. 1 (SDPO-01 Masaudhi, Patna) may kindly be accepted."
7. It is unbelievable that there is zero noise within their jurisdiction as no violator could be found by them. They Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 8/26 have completely failed to live up the expectation.
8. Mr. Ajay, learned Amicus Curiae, however, has taken this Court to the supplementary show cause of the Sub- Divisional Officer, Masaurhi, to show that they have established the Control room with phone no. 0612-2434246, Nodal Officer has also been appointed, the raiding team has been constituted and the Sub-Divisional Officer, Masaurhi has submitted that the effective compliance of the order shall be taken and regular monitoring shall be done The stand of the Officer, however, does not matches with the attitude of the Police Officers who actually have to act in the matter.
9. So far as the report submitted by the SHO, Masaurhi P.S., Mr. Anil Kumar is concerned, it shows zero seizure of equipment/loudspeaker as also pressure horn in the area for last three months and no complaint received under his jurisdiction. Contrary to his stand, some of the learned counsels residing in that area have seriously disputed it and informed that the DJ/Community Hall causes noise. Beside, the pressure horns are also used in Masaurhi. It has been submitted by Mr. Prashant Pratap, learned GP-2 that a chance be given to the concerned Officer to take effective steps as he concurs with the views expressed by the learned Amicus Curiae as also the Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 9/26 learned Senior Counsel for 'the Board' that the Officer is not required to wait for the complaint to be lodged and like Paliganj, a raiding team needs to be constituted to find violators and act accordingly.
10. Learned State counsel has also submitted that so far as the complaint of the some learned counsels regarding noise pollution in Punpun area within the Masaurhi Sub- Division is concerned, that shall also be taken care of by the concerned SHO and he shall inform him/her in this regard.
11. So far as the Barh Sub-Division is concerned, paragraph nos. 3 to 6 of the affidavit shows that number of DJ Trolley/Sound Box have been seized, bonds have also been filled by 96 DJ Operator that they will not cause noise pollution. Further, 55 places have been marked for installation of banner/poster having no horn/no sound zone mark and a communication has been made for the installation of banners on the said marked places.
12. Paragraph nos. 3 to 6 of the affidavit of Sub- Divisional Officcer, Barh read as follows:
"3. That after receiving the communication of order dated 12.09.2025 the deponent issued an order dated 20.09.2025 by Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 10/26 which three police inspectors have been nominated to take effective steps to stop noise pollution within the jurisdiction of the deponent. The copy of the order has communicated to all the concerned Police Inspector-cum- Supervisory Officer, Barh / Mokama and Circle Inspector, Hathidah and all the SHO under the Barh-1, Sub Division. By the aforesaid order a format has also been provided to all the concerned Officer which has to be filled up by them and to submit a report and also directed to comply the direction issued in the aforesaid order in its true letter and spirit.
4. That in compliance of order dated 12.09.2025 passed in M.J.C. No. 2540/2024 and the consequential order passed by the deponent, the SHO, Barh Police Station vide Memo No. 2886 of 2025 dated 06.10.2025, the SHO, NTPC Police Station vide Memo No. 7909/2025 dated 07.10.2025, the SHO, Pandarak Police Station vide Memo No. 5473/2025 dated 06.10.2025, the Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 11/26 SHO, Mokama Police Station vide Memo No. 9799/2025 dated 06.10.2025, the SHO, Hathidah Police Station vide Memo No. 1736/2025 dated 06.10.2025, the SHO, Maranchi Police Station vide Memo No. 1148/2025 dated 06.10.2025, the SHO, Pachmahla Police Station vide Memo No. 1047/2025 dated 06.10.2025, the SHO, Ghoswari Police Station vide Memo No. 2033/2025 dated 06.10.2025, the SHO, Samiyagarh Police Station vide Memo No. 893/2025 dated 07.10.2025, submitted a report in prescribed format with regard to action taken by them in compliance of order dated 12.09.2025 passed in MJC No. 2540 of 2024 and consequential order passed by the deponent.
5. That the deponent vide Meme No. 5110 dated 07.10.2025 prepared a combined report of action taken against noise pollution within the jurisdiction of S.D.P.O., Barh-1. As per the report, a fine amounting to Rs.3,18,500/- has been imposed on 173 vehicles who are involved in noise pollution the between period Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 12/26 21.09.2025 to 06.10.2025, Barh P.S. Case No. 564 of 2025 dated 03.10.2025 was registered under Section 132/223/282/3(5) of the BNS and Loudspeaker Act, 1958 against four accused persons and one tractor, one DJ Trolley, two DJ Sound Box, one Amplephire machine, one generator and one mixer machine was seized in aforesaid case. Altogether 62 DJ sound box, 16 amplephire machine, 1 mixer machine, 3 DJ Trolley were seized between the aforesaid period. Altogether 96 DJ is being operated within the jurisdiction of SDPO, Barh-1 and a bond has been filled up by all of the 96 DJ Operator that they will not cause noise pollution. Further 55 places have been marked for installation of banner/poster having "No Horn/ No Sound Zone" mark and a communication has been made to the Sub Divisional Officer, Barh to install banner / poster in the 55 marked place.
13. The effforts made by the Sub-Divisional Officer, Barh is/are again appreciable and this Court hopes that the banner/poster shall come up at the 55 marked places and raiding Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 13/26 team shall continue with their good efforts as providing or noise free society is need of the hour. However, whether the Control Room is functioning or not, the Sub-Divisional Officer, Barh has not thrown light on it and same be clarified next time.
14. The next Sub-Division is Danapur and the Sub- Divisional Officer, Danapur has filed affidavit showing that a Control room with two numbers 06115-227421 and 06115- 227422 have become operational. Further, paragraph nos. 2 to 5 read as follows:
"2. That it is stated that a Control Room with Contact No.-6115-227421 and 6115-227422 is operational to receive any complaint from the people and accordingly action is taken to check the noise pollution under the Danapur Sub- Divisional Area.
3. That in light of the order dated- 12.09.2025 passed by the Hon'ble Court and further directions issued by the District Magistrate, Patna vide letter no.-2340, dated- 22.09.2025, the S.D.O., Danapur vide letter no.- 4083, dated-03.10.2025 has directed all the Circle Officers under Danapur Sub-Division and Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 14/26 Executive Officers of Nagar Parishad, Danapur Sub-Division to register all the Hotels, Marriage Halls, Banquet Halls etc. and furnish their list along with the name, address and mobile number of the Managers/Proprietors of the said Hotels, Marriage Halls, Banquet Halls etc. Further, NOC has to be obtained by them regarding the Pollution Levels, Fire Control, Electricity Connection and Traffic Police from the concerned departments. In this regard, an affidavit has to be submitted that they shall not use high decibel loud speakers and they shall not be using them after 9:55 РМ.
4. That a list has been prepared regarding the status of the Hotels, Marriage Halls, Banquet Halls etc. under the Danapur Sub-Division in view of the report submitted by the concerned authorities.
5. That in view of the aforesaid facts, it is apparent that the SDO, Danapur has taken needful action for the compliance of the order passed by the Hon'ble Court and further action Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 15/26 shall be taken at the earliest to check noise pollution in the Danapur Sub-Divisional Area."
(emphasis added)
15. Learned Amicus Curiae has taken this Court to paragraph no.3 to show that altogether 90 marriage halls are functioning under the Danapur Sub-Division without any No-Objection Certificate from either the Pollution Control Board or the Fire Control, Electricity Department and the Traffic Police and in case of any eventuality, the onus will clearly come on the administration.
16. In the opinion of this Court, it is unfortunate that 90 marriage halls are functioning in a Sub-Division in the State capital without any No-Objection Certificate from any of the aforesaid authority and if any accident takes place in any one of those 90 marriage halls, the situation in the State Capital can be visualised. It is further unfortunate that despite the illegal functioning of 90 marriage halls (as they do not have NOC), neither the Pollution Board, nor the Fire/Electricity Department have bothered to look into it and ensure that they act/function in accordance with law.
17. Learned Senior Counsel representing 'the Board' assures that within couple of days, they shall be Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 16/26 earmarking all such marriage halls in the entire Capital City (all Sub-Divisions included), notices shall be issued for taking No-Objection Certificate, which can be done only after proper inspection and depositing of fee. He submits that all such halls need Consent to Establish (CTE) and Consent to Operate (CTO) from 'the Board'.
18. The lesser is observed about 'the Board', the better. It seems they have completely shrugged off their responsibility towards a pollution free society, the purpose for which it was created. Their incompetency can be seen from the fact that 90 marriage halls are functioning in only one Danapur Sub-Division which according to them need 'CTE' and 'CTO' before it can function. However, they never bothered to put them on notice. It is high time that the purpose for which 'the Board' has been established is taken note by them and instead of acting as white Elephant, it actually strikes.
19. At this stage, this Court would like to incorporate some of the undertakings taken from all the marriage halls/banquet hall operator in the Barh Sub-Division wherein it has been stated that they shall be following the 1955 Loudspeaker Act seriously and shall not use music after 9:55 PM. It also wants to incorporate the certificate issued by the Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 17/26 Nagar Panchayat Paliganj (Patna) in this regard.
20. The undertaking given by one of the operator in Barh Sub-Division is incorporated hereinbelow:
"kiFk&i= eSa ¼lapkyd dk uke ,oa irk½ jkgqy dqekj] eksdkek eksyfn;kj Vksyk ¼gksVy@esjst gkWy@cSaDosV gkWy dk uke ,oa irk½ lkbZ njckj] NH-31 eksdkek ¼vk/kkj ua0½ xxxxx4877815 ¼eks0 ua0½ xxxxx95053 "kiFk iwoZd ?kks'k.kk djrk gwWa fd %& 1- ;g fd eSa mDr gksVy@eSjst gkWy@cSaDosV gkWy dk lapkyd gwWaA 2- ;g fd eSa vius gksVy@eSjst gkWy@cSaDosV gkWy esa fdlh izdkj dk mRlo ds volj ij Mh0 iz;ksx ugh d:xkWa vkSj u gh fdlh dks djus nwWaxkA 3- ;g fd eSa vius gksVy@eSjst gkWy@cSaDosV gkWy esa fdlh izdkj dk mRlo ds volj ij fcgkj ykmMLihdj ,DV&1955 dh lqlaxr vf/kfu;e ds rgr fu/kkZfjr Msflcy Lrj ls vf/kd ykWmMLihdj dk iz;ksx ugha d:Waxk vkSj u djus nwxkWaA 4- ;g fd eSa vius gksVy@eSjst gkWy@cSaDosV gkWy esa jkf= 09%55 cts ds ckn fdlh izdkj ds ykWmMLihdj dk iz;ksx ugha d:Waxk vkSj u djus nwxkWaA mijksDr fy[kh xbZ lHkh ckrsa i<+dj@i<+okdj] Hkyh HkkWafr le>dj viuk gLrk{kj vkt fnukad 08@10@25 dks fd;k gwWaA "kiFkdRkkZ g0@& vLi'V 8&10&2025 Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 18/26
21. Again, the Certificate of the Nagar Panchayat, Paliganj (Patna) read as follows:
dk;kZy;] uxj iapk;r ikyhxat ¼iVuk½ Email id- [email protected] Phone No-06135796441 laLFkk dk uke& iwf.kZek gsfjVst ¼eSjst gkWy½ lapkyd dk uke& vkuUn dqekj eksckbZy ua0& xxxxx23086 irk& xzke& /kjgkjk iksLV& ikyhxat Fkkuk& ikyhxat ftyk& iVuk jkT;& fcgkj fiu dksM& 801110 ¼1½ iznw'k.k NOC izkIr& Yes ¼2½ fo/kqr foHkkx NOC izkIr& Yes ¼3½ vfXu"keu NOC izkIr& Yes ¼4½ ;krk;kr iqfyl NOC izkIr& No VSDl nkjksxk g0@& vLi'V 7@10@2025 uxj iapk;r ikyhxat
22. Learned Senior Counsel for 'the Board' Mr. Shivendra Kishore reiterates that the Officers of 'the Board' has got a chart of the 90 marriage halls in the Sub-Division of Danapur, they shall further be taking steps and seeking chart of Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 19/26 all the community halls within the Patna jurisdiction and the necessary steps shall be taken in accordance with law, noticing them on their continuous violation of functioning without getting any certificate from 'the Board'. Further, if any of the community hall in the jurisdiction of Patna fails to subscribe to the notice and continue functioning without getting CTE/CTO, necessary step shall be taken against it and all these facts shall be incorporated/brought on record by way of affidavit.
23. So far as the Patna City Sub-Division is concerned, the supplementary show cause shows that they are taking all possible steps to control the menace. Paragraph nos. 4 to 12 are incorporated hereinbelow:
"4. That in compliance of the order passed by the Hon'ble Court, the S.D.O., Patna City has organized workshop on noise pollution Enforcement, DJ regulations and best practices to be adopted for stopping noise pollution and convened meeting along with all the Sub- Divisional Officer on 07.10.2025 through online mode for giving training to stop the sound pollution in an effective manner so that the order passed by the Hon'ble Court is complied. In the Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 20/26 said meeting it has been decided to take action against the vehicles using pressure horns.
5. That the S.D.O., Patna City has convened meeting on 29.09.2025 with all the D.J. operators, SHO's and DySP's and issued necessary directions so that the order passed by the Hon'ble Court is not violated during the Durga Puja and Dusehra Festival. In this regard necessary directions have been issued for not using loud speakers between 10:00 PM to 6:00 AM and for not using DJ at all.
6. That the Control Room which has been established earlier for taking needful action with regard to the complaints made in the matter, ensures that the information is passed to the concerned police stations for taking action in the matter. The name of the complainants is kept confidential. In this regard, necessary direction has been issued.
7. That further in compliance of the order of the Hon'ble Court, the S.D.O., Patna City, has directed all the Circle Officers and all Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 21/26 the S.H.O.'s of Patna City Sub-Division, via Letter No. 1261 dated 04.10.2025 to get the list of all Hotels, marriage halls, Banquet halls and to check and make a report whether they have taken necessary NOC from the pollution department, fire department, election department, traffic police etc.
8. That the Additional S.P., Patna City has sent his report dated 07.10.2025 with regard to the number of DJs seized in the month of July, August and September under different Police Stations. As per current and earlier reports ASP City-1 has seized a total 19 DJ's in past three months.
9. That the S.D.P.O., Fatuha-1, has sent his report dated 03.10.2025 regarding action taken against noise pollution. The report provides details of seized loudspeakers and fines imposed under the jurisdiction of Fatuha Police Station.
10. That the S.D.P.O., Fatuha-1 has sent his report dated 27.08.2025 whereby it has Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 22/26 been stated that Rs. 5,000/- has been imposed as penalty for use of loudspeakers/D.J./pressure horn by P.S. Fatuha in August 2025. Nadi P.S. has reported that Nadi P.S. has fined vehicles amount of Rs. 12,000/- for noise pollution.
11. That the S.D.P.O., Fatuha-2 has sent his report with regard total seizure amount of Rs. 7500 with respect to loud speakers/DJs/Pressure Horns in the month of July, under Khusrupur, Daniyawan and Shahjahapur P.S.
12. That the S.D.P.O.-2, Patna City has sent his report with regard to number of loud speakers and DJs seized in the month of June to September under Chauk, Malsalami, Khajekalan, Bypass and Mehdiganj P.S. In the month of September, total 17 DJs have seized While 2 DJ seized during July 2025 and 6 DJ during August 2025. Simultaneously, 8 loudspeakers seized in September, 2025."
(emphasis added)
24. This Court can only record that the Sub-Divisional Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 23/26 Officer, Patna City has taken the order in true letter and spirit and has shown that if the administration takes up the matter seriously, results can be achieved. This Court appreciates the steps taken by him and expects that Patna City will lead in the Capital City to make the place noise free zone for the betterment of the society in general and the student, old age people, the pregnant lady and the patients in particular.
25. However, the letter no. 1261 dated 04.10.2025 issued by the Sub-Divisional Officer, Patna City to the Circle Officer and the SHOs of the said jurisdiction to provide details on the undertaking given by the hotels/marriage halls/banquet halls/wedding places are missing and Mr. Ajay, learned Amicus Curiae submits that certificates inline with the direction of the Sub-Divisional Officer, Danapur affidavit should also have been part of the affidavit.
26. Mr. Prashant Pratap, learned State counsel submits that he shall be taking steps to see to it that the charts are made available in the present case from all the Sub-Divisions. 'The Board' also submits that they too shall be taking steps in this regard.
27. So far as the Patna Sadar Sub-Division is concerned, it seems, the Sub-Divisional Officer is least Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 24/26 interested in taking up the matter seriously or do the needful. Even no affidavit on this behalf is on the record till this order came to be passed. If he is unable to handle even these minor issues and cannot file a simple affidavit in time, it is hard to believe that he will be able to take up the larger causes.
28. The SHO, Kadamkuan P.S. and the SHO, Pirbahor P.S. within his Sub-Division have filed their respected affidavits. This Court can only record that the same are unsatisfactory. Against the continuous noise pollution in their respective areas as complained earlier, their stand of no noise pollution defies logic. However, now they have assured to take effective steps and shall be filing affidavits again.
29. So far as 'the Board' is concerned, this Court can only observe, it has utterly failed to act. For every cause, it needs nudge from the court to come out of the air conditioned chamber and is completely ignorant of its power to inspect, act and ensure pollution free society. The so called e-Rickshaws movement is only on the papers and never visible. The assurance earlier given of setting up target of affixing 'No- Horn/No Sound' sticker on the back bumper of every four wheeler has/have also not been implemented, not to talk of the regular appeal for making the State/Capital 'No Horn Day' on Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 25/26 Sunday.
30. This Court expects a comprehensive counter affidavit by 'the Board' on the next date of hearing on the following points:
"(i) total number of marriage/community halls in the capital city;
(ii) whether they have applied for the CTE/CTO or not;
(iii) the number of community hall/marriage hall inspected in each and every Sub-Division of Patna;
(iv) the number of stickers no horn affixed on the vehicle bumpers;
(v) putting up banner/posters at strategic places;
(vi) sensitizing the students of the
schools/colleges and the number of
schools/colleges instead as students can be good messenger of spreading noise free study;
(vii) the details of movement of E-Rickshaws."
31. The Control Rooms established in the different Patna High Court MJC No.2540 of 2024(12) dt.10-10-2025 26/26 Sub-Divisions with telephone numbers are as follows:
1. Paliganj 06135-27739
2. Masaurhi 0612-2434246
3. Danapur 06115-227421 06115-227422
4. Patna City 0612-2631813
32. The personal appearance of the SHOs of the Masaurhi P.S., Kadamkuan P.S. and Pirbahore P.S. stand dispensed with.
33. As prayed for jointly the learned Amicus Curiae, the learned State Counsel as also the learned Senior Counsel representing 'the Board', let the matter come up on 14.11.2025 to peruse further affidavits.
(Rajiv Roy, J) vinayak/-
U