Showing posts with label Section 15. Show all posts
Showing posts with label Section 15. Show all posts

Wednesday, June 3, 2026

Bihar faces severe environmental health crisis, residents face lethal threat from unregulated toxic industrial units, Kosi-Mechi region inviting disaster

Bihar is facing a severe environmental health crisis characterized by severe air pollution, industrial pollution and water mismanagement. Environmental health comprises those aspects of human health including quality of life that are determined by physical, biological, social and psychological factors in the environment. The relationship between the environment and its impact on human health is highly complex. Each of the effects is associated with a variety of aspects of economic and social development. Moreover, there is no single best way of organising and viewing the development-environment-health relationship that reveals all important interactions and possible entry points for public health interventions. 

Human beings are exposed to a variety of chemicals including industrial chemicals, pesticides, air pollutants, natural and man made toxicants etc in the environment through the skin, respiratory system and gastrointestinal tract that can affect vital body systems such as pulmonary, reproductive and nervous and immune system. Dysfunction of these systems could have far-reaching consequences, which affect individuals and even their progeny from serious health ailments. 

To investigate possible effects of environmental pollutants on human health it is of prime importance that accurate exposure assessment techniques and validated biomarkers are available. It is, therefore, essential to have full fledged and accurate Environmental Health Impact Assessment procedures in place, undertake application-oriented research such as occupational and environmental cohort studies to define single or mixture of pollutants and their impacts on health. This would help the implementing agencies to revise the environmental and industry specific actions. It is also very important to have collaborative approach among the industries and various technical/research centers together with the implementing agencies of the pollution control so as to deal with the Environment and Health issues properly. 

Children are more susceptible in contracting diseases due to exposure to air pollutants and hazardous chemicals, ingesting contaminated water, food and soil. These problems are magnified due to lack of access to safe drinking water and sanitation, haphazard disposal of hazardous and bio-medical wastes. A growing number of diseases in children have been linked to environmental exposures. These diseases range from traditional water borne, food borne and vector borne ailments and acute respiratory infections to asthma, cancer, arsenicosis, fluorosis, certain birth defects and developmental disabilities. Children from the fetal stage through adolescence are in a dynamic stage of growth as their immature nervous, respiratory, reproductive and immune system develop. They are more vulnerable to permanent and irreversible damage from toxicants than adults.

The following environmental problems are crying for attention:  

1. Flooding and Drainage Crisis: Roughly 73% of Bihar’s landmass (about 68,800 sq km) is highly vulnerable to floods. Driven by Himalayan rivers originating in Nepal, flooding impacts over 22% of India's flood-affected population within Bihar, leaving areas like Darbhanga and Muzaffarpur perpetually at risk. Drainage congestion aggravates the flood situation in the Ganga basin region of Bihar including Kosi, Bagmati and Gandak river sub basins.
2. Sand mining on 435 ghats on different rivers in 16 districts. River's health has severely deteriorated due to mining. Violation of the law is the norm on the Sone river bed. Earlier, abundant new sand accumulated after floods. Ground water aquifers and surface water are getting destroyed due to sand mining. Unavailability of drinking water around the river could be a major problem soon. Villages around such areas will become ghostly places due to unavailability of water. Patna High Court has recorded that "there had been no adequate replenishment of sand after monsoon 2023 and no fresh replenishment study of the respective sand ghats had been conducted in terms of the guidelines" of the Enforcement and Monitoring Guidelines for Sand Mining (EMGSM), 2020. The actual mineral potential of the respective sand ghats had materially reduced after the auction and before the petitioners could even commence the operation of mining on the sand ghats. In Bimal Kumar vs. The State of Bihar through the Commissioner-Cum-Principal Secretary, Department of Mines and Geology, Government of Bihar & Ors. (2026), Justice Sandeep Kumar of Patna High Court delivered a judgement dated April 16, 2026, wherein, he observed:"The mining over river beds cannot be permitted contrary to the replenishment rate of sand and that a replenishment study must be undertaken since it forms the very basis on which the quantity of permissible mining is determined and subsequently the environmental clearance is granted. This Court has noted that under Clause-5 of the Enforcement & Monitoring Guidelines for Sand Mining, 2020 issued by the Ministry of Environment, Forest & Climate Change, the need for replenishment study is paramount in order to nullify the adverse impact arising due to excessive and aggressive sand extraction. Thus, the replenishment study is not merely to ascertain the permissible quantity of sand for extraction but also is necessary to minimize the adverse impact therefrom and strike a balance between sand extraction / mining and preservation of riparian habitat. 44. It is equally settled that the State holds all natural resources including the minerals as a trustee of the public and must deal with them in a manner consistent with the nature of such a trust. What is clearly crystallized, therefore, is that the annual extractable quantity must be less than the annual replenishment rate in order to align strictly with sustainable mining practices." The judgement reads:"45. For the foregoing reasons, in order to strike a fair balance and keeping in view the sustainable mining practice, this Court deems it appropriate and in the interest of justice to direct the concerned respondent authorities to conduct a fresh replenishment study for the Rohtas Sand Ghat No.13 and Bhojpur Sand Ghat No. 01 by a competent authority / institution to ascertain the present and true quantity of sand available in the sand ghats and its replenishment rate, which have been allotted to the petitioners. The aforesaid exercise must be completed within eight weeks from today. The cost of the aforesaid replenishment studies shall be borne by the petitioners themselves." The situation in other is not better than these districts. All the other districts must also be asked to conduct a fresh replenishment study at the earliest.   
2. Drought: Southern and central districts frequently experience prolonged dry spells and soaring summer temperatures that frequently exceed 45 degree Celsius.
3. Swapping Trends: Traditionally flood-prone areas are increasingly facing droughts, and vice versa, destroying crop yields and driving rural out-migration.
4. Hazardous air quality and persistent smog: Bihar consistently ranks among the most polluted regions in the country. Cities like Patna, Ara, Hajipur, Motihari, and Muzaffarpur suffer from high PM 2.5 levels, frequently reaching unhealthy or hazardous air quality index (AQI) categories. A case related to air quality is pending in the Patna High Court since 2022. The case is based on a news report in Hindustan news paper. But neither the newspaper nor the reporter who pursued it in the Court seem to be pursuing the case with the seriousness it deserves. Now it appears that the ambit of the case has been confined to the issue of scrapping 15 year old vehicles.  
5. Health Crisis: Particulate pollution significantly reduces life expectancy and drives a spike in respiratory illnesses and cardiovascular diseases among residents.
6. Water Scarcity and  Depleting Water Tables: Despite annual flooding, groundwater extraction rates remain unsustainably high. Nearly 19 districts draw more groundwater than the state's average recharge, leading to critical water tables.
7. Shrinking Wetlands: Anthropogenic encroachment is rapidly shrinking local wetlands, eliminating crucial local aquifers and biodiversity hot spots.
8. Industrial Pollution and Untreated Municipal, Health Care and Hazardous Waste: Industrial sectors, including asbestos units and ethanol plants struggle with the safe disposal of toxic waste. The lack of operational Common Effluent Treatment Plants (CETPs) leads to untreated runoff entering the Ganga and its tributaries. Urban centres and hospitals are facing waste mismanagement and deploying waste incineration technologies as solutions which are worse than the problems.   

Two units of Tamil Nadu based Ramco company's asbestos based plants are functioning in Bihiya, Bhojpur. The asbestos waste of the asbestos based plant of Tamil Nadu based Nibhi Industries Limited in Giddha, Koilwar, Bhojpur are lying in open is posing a serious health hazard to colleges in the vicinity and the villagers of Kayam Nagar panchayat. 

Bihar State Pollution Control Board (BSPCB) has a consistent position against these two units of Ramco company’s hazardous asbestos plants under which Vivek Kumar Singh, as Chairman, BSPCB canceled the Non-Objection Certificates (NOCs) given to the hazardous enterprise of Ramco company under Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Rules 3 (1), Schedule 1 of Hazardous Waste (Management, Handling and Transboundary Movement) Rules under Environment (Protection) Act 1986. These Rules deal with hazardous wastes generated during the production of asbestos or asbestos-containing materials including asbestos-containing residues, discarded asbestos, and dust/particulates from exhaust gas treatment. 

Following the cancellation of NOCs, the company approached the Appellate Authority to appeal against the cancellation. At the time of their appeal, the Appellate Authority happened to be Vivek Kumar Singh himself who as Chairman, of Bihar State Pollution Control Board (BSPCB) had canceled their NOCs. The company used this apparent violation of the principle of natural justice as a ground to seek relief from the Patna High Court. It got the relief. Instead of confirming its order asking the State government to rectify the error by appointing a person as Appellate Authority in compliance with the principle of natural justice and unmindful of the fact that the fact of violation of environmental laws has not been disputed, the High Court allowed the company to operate its plant. But now that the Appellate Authority has been changed as per the Court's directions the error has been rectified and now the High Court has asked the Chairman, BSPCB to act after examining the complaint against it, the matter is before him. BSPCB's legal action could not become effective because of the order of a single judge bench of Patna High Court on the limited ground of violation of natural justice. The order of Justice Jyoti Sharan dated 30 March 2017 had directed the Chief Secretary, State of Bihar to rectify the error of the Chairman of the BSPCB and the Appellate Authority being the same person. (Source: https://indiankanoon.org/doc/64804529/

It is a fact that the Court’s order did not dispute the finding of the Board about the violation of environmental laws. It did not dispute that asbestos and asbestos-based industries are heavily polluting and have been categorized as R24 in the Red Category. Source: http://bspcb.bih.nic.in/Categorization_10.10.18_new.pdf 

Subsequently, a Division Bench of the High Court comprising Justices Ajay Kumar Tripathi and Niku Agrawal passed another order modifying the previous order in the Bihar State Pollution Control Board vs. Ramco Industries Ltd. on 30 April 2018 (Letters Patent Appeal No.873 of 2017 In Civil Writ Jurisdiction Case No. 421 of 2017. The order authored by Justice Tripathi reads: "Since Mr. Vivek Kumar Singh no longer happens to be the Chairman of the Bihar State Pollution Control Board, therefore, one of the reasons provided by the learned Single Judge for interfering with the order no longer holds good. It is left open to the new Chairman of Bihar State Pollution Control Board to pass a fresh order by law after hearing the parties." Source: https://indiankanoon.org/doc/85967218/  

The legal action taken by the BSPCB against the asbestos-based factories of Ramco Industries Limited is praiseworthy. As a follow-up of BSPCB’s previous action in this regard, there is a need to address the public health crisis as a consequence of the ongoing unscientific and illegal disposal of hazardous and carcinogenic asbestos waste. The violation of all the general and specific conditions laid down in the NOC given by the BSPCB and the environmental clearance given by the Experts Appraisal Committee of the Union Ministry of Environment, Forests & Climate Change by the company's factories in question is crying for attention. 

 The following news broadcasts have captured the situation in Bihiya, Bhojpur-
I.  Ramco Company: सरकार के साथ साथ दे रही जनता को धोखा, II. रामको कंपनी ने बिहिया को बनाया डस्टबिन, III.Asbestos के Sale व Use को Bihar में अब रोक दीजिए Nitish जी, नहीं तो बच्चे ऐसे ही सो जाते रहेंगे, and IV. Buying Asbestos is buying Cancer: Chairman, Bihar Legislative Council 

The following methods in disposing of asbestos waste (dust and fibers) by the company in question have been noticed at the site of both the units of Ramco company:
I. Using excavators the broken sheets are crushed and buried deep inside factory premises. The broken pieces pose a grave threat to the groundwater shared by fertile agricultural land and villagers who use it for drinking purposes. 
II. Since there is no space to bury the asbestos waste broken asbestos products are sold to fictitious or known dealers on ex- factory basis to discard the company's responsibility for disposal. Normally, the destination of such disposal will be in remote locations and buried on fertile lands or used for landfilling and covered by sand permanently. It seems to be a corporate crime but logical from the company's perspective as no one will pay 4 times the cost for transportation for a zero-value material. 
II. The broken ast-based sheets are cut inside the factory into unmarketable sizes like 1-meter length and gifted as CSR activities. The cutting process emits a lot of asbestos dust and fibers harmful to the workers and villagers. 
IV. Broken asbestos sheets and wastes during transit handling or from the customer end are brought to the depot at various locations to harden topsoil or landfilling which again poses a threat to groundwater. Cutting broken bigger asbestos sheets also pose a danger as asbestos fibers become airborne. 
V. Wherever cement is handled in bags inside the factory it creates occupational hazards for workers due to asbestos dust particles. This is a threat to villagers as well because the air quality in the area gets polluted. 
VI. Ramco Industries Limited has been donating asbestos based roofs to the nearby Mahatin Mai temple and to the parking space of the District Magistrate's office as an exercise in ethical positioning of its brand and as a public relations exercise. The villagers, temple devotees, and the district administration have been taken for a ride. They have acted in complete ignorance of the Board's action against Ramco's factories.

The stance of Bihar Chief Minister who has declared in the State Assembly that the Bihar Government will not allow construction of carcinogenic asbestos factories in the state on July 1, 2019 is worthy of appreciation.  This announcement and the verdict by the Italian Court vindicated the anti-asbestos struggle by villagers of Bhojpur. BSPCB's action about carcinogenic white chrysotile asbestos mineral fiber has been consistent with what is published on the National Health Portal (NHP), Centre for Health Informatics (CHI), National Institute of Health and Family Welfare (NIHFW), Ministry of Health and Family Welfare (MoHFW), Government of India. The National Health Portal states that “All forms of asbestos (chrysotile, crocidolite, amosite, tremolite, actinolite, and anthophyllite) are in use because of their extraordinary tensile strength, poor heat conduction, and relative resistance to chemical attack. Chemically, asbestos minerals are silicate compounds, meaning they contain atoms of silicon and oxygen in their molecular structure. All forms of asbestos are carcinogenic to humans. Asbestos exposure (including chrysotile) causes cancer of the lung, larynx, and ovaries, and also mesothelioma (a cancer of the pleural and peritoneal linings).” Asbestos exposure is also responsible for other diseases such as asbestosis (fibrosis of the lungs), and plaques, thickening, and effusion in the pleura.”  It observes that “Asbestos exposure occurs through inhalation of fibers in the air in the working environment, ambient air in the vicinity of point sources such as factories handling asbestos, or indoor air in housing and buildings containing friable asbestos materials.”

Against such a backdrop, it is quite distressing that Ramco company's factories in Bihiya managed to get relief from Patna High Court on a procedural ground of violation of natural justice. Now that the procedural error has been rectified, the operation of the two units of Ramco Asbestos Company must be stopped. Its operation is a case of environmental health lawlessness. It has violated every specific and general condition that has been stipulated in the environmental clearance and the No Objection Certificate.

It is necessary to initiate preventive action in the face of tycoons, officials, and ministers facing criminal charges and imprisonment for their act of knowingly subjecting unsuspecting people to killer fibers of asbestos in Europe. The future will be no different for the culprits in India. It is quite clear from the Court’s order that Dr. Devendra Kumar Shukla, the Chairman, BSPCB has to reissue the “fresh order by the law after hearing the parties”  and reiterate BSPCB's earlier order against both the asbestos-based units in Bihiya, Bihar.      

Bihar has eight operational ethanol production plants based on sugar cane juice and 14 based on grain, including maize and rice. These plants have raised serious local health and environmental concerns, particularly regarding toxic emissions and air pollution. Residents living near facilities, such as the ones in Purnia, Motipur, Muzaffarpur and Gopalganj. They are asking questions regarding emissions, odour, and wastewater being monitored properly. Has any independent air or water quality testing been done around nearby villages? nd raised concerns about whether wastewater is being strictly monitored and treated to prevent groundwater contamination. Independent environmental groups (like Toxic Watch) have raised concerns that plant emissions contain toxic volatile organic compounds (VOCs) and gases, including formaldehyde, acetaldehyde, and acrolein. Formaldehyde can cause eye and throat irritation, and is classified as a carcinogen linked to blood and throat cancers. Acrolein exposure can lead to severe headaches, nausea, and fainting. Acetaldehyde is known to trigger gastrointestinal issues and affect neurological functions. Prolonged inhalation of these emissions gives rise in respiratory diseases and cancers.

Notably, Bihar does not have adequate laboratory facilities to undertake tests of toxic substances. Biological threshold limits (BTLVs) for toxic chemicals, pesticides and heavy metals (lead, mercury, chromium, arsenic etc.) and fluoride are required to be prescribed. Besides, Threshold Limit Values (TLVs) for benzene, benzopyrene, Poly Aromatic Hydrocarbon (PAH) etc. are required to be prescribed. In the absence of labs and competent human skill how can these standards be prescribed, how can they be monitored and regulated.   

 9. Massive tree cutting is underway in the state due to industrial projects, highway expansions, and the post-ban felling of palm trees. These widespread deforestation events have sparked severe environmental anxieties, with concerns extending to rural areas where mature trees are frequently chopped down.The most significant ones include:

I. The Bhagalpur Thermal Power Plant Project: A ₹21,400 crore thermal power project in the Bhagalpur district has drawn sharp political debate. The opposition leaders and environmentalists raised alarms over the impending removal of up to 10 lakh mango trees in a known biodiversity and mango belt.

II. Jehanabad "Zig-Zag" Highway: A ₹100 crore road widening project connecting Patna and Gaya in Jehanabad became a bizarre viral spectacle. When the forest department denied permission to clear mature trees on forest land, the contractor built the road around the trees. This resulted in a hazardous 7.4-kilometer stretch that forces motorists into dangerous zig-zag maneuvers, leading to calls for accountability.

III. Palm Tree Felling and Lightning Deaths: The National Green Tribunal (NGT) took suo motu cognizance of the widespread felling of palm trees. After the implementation of Bihar's prohibition policy, palm trees lost their economic value, leading to rampant cutting. This loss of tree cover is widely believed to be linked to a tragic surge in lightning-related fatalities across the state. 

10.  Interlinking of rivers in Bihar like the intra-state Kosi-Mechi link and the proposed Himalayan component links—is an invitation for environmental health disaster. The failure to address catastrophic flooding, environmental degradation, displacement of local communities, and the flawed premise of diverting "surplus" water. The following issues are relevant in this regard: 

I. Neglect of Drainage:While interlinking channels are designed to enhance irrigation, they cannot effectively tame the volume of annual floodwaters, leaving millions of people in regions like North Bihar vulnerable to displacement and property loss. Instead of solving any problem it creates drainage congestion crisis.

II. Silt Load: Bihar's northern rivers (such as the Kosi, Gandak, and Bagmati) carry massive, unmanageable loads of silt. Interlinking these heavily silted rivers will cause canals to clog quickly, drastically reducing their carrying capacity. Additionally, altering natural river courses threatens local ecosystems, fisheries, and the region's delicate hydrological balance.

III. Disruption of Natural Ecosystem: Large-scale infrastructure alters the natural geography and flow regimes, which can lead to adverse ecological impacts, including the drying up of floodplains and the reduction of groundwater recharge in the basin areas

IV. Displacement: Creating large dams, reservoirs, and vast canal networks requires massive land acquisition. This inevitably leads to the large-scale displacement of vulnerable, rural, and indigenous populations, posing severe resettlement and livelihood crises.

V. Failure of Structural Measures:Bihar has a long, troubled history with embankments and large dams, which historically have only worsened water logging and increased the intensity of floods.

Interlinking of rivers is a misnomer. In reality the project entails diversion of rivers. The project proponents refuse to learn lessons from the drying up of Ara sea due to diversion of two Siberian rivers.  

Section 15 of the Environment (Protection) Act, 1986 states that individuals or businesses who violate the act or its directives can face imprisonment of up to 5 years and fines of up to ₹1 Lakh, or both. It reads:"15. Penalty for contravention of the provisions of the Act and the rules, orders and directions-(1)Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years."

There is no data as to how many individuals or businesses have been held liable under these provisions. There is a need to come out with a White Paper on forty years of he implementation of the Act.

The ecosystem in which we live influences health. The household, workplace, outdoor and indoor environments may pose risks to health in myriad ways. None of the political parties and academic institutions are serious about environmental health issues? Do residents of Bihar have the agency and autonomy to make environmental health a priority?

Monday, August 25, 2025

Chief Justice Pancholi led bench sets aside order by Justice Harish Kumar in land dispute case

In Vikash Ranjan @ Chaman Singh vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy delivered a 10-page long judgment dated August 11, 2025. This is the 18th judgement by Justice Pancholi as chief justice. In this Letters Patent Appeal in a civil writ jurisdiction case, Justice Pancholi concluded:"we are of the view that the learned Single Judge has committed an error by granting interim relief in favour of the writ petitioner till final disposal of the appeal and, therefore, the impugned order is required to be set aside. Accordingly, the same is set aside." and allowed the appeal. He directed that the appellant "shall appear before the appellate authority within a period of one week from today and the appellate authority shall decide the appeal filed by the original writ petitioner within a period of eight weeks from the date of receipt of this order." The present appeal has been filed under Clause-X of the Letters Patent of Patna High Court Rules against the order dated September 11, 2024, rendered by Justice Harish Kumar, Single Judge in Guru Charan Ray vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2024).  

The counsel for the appellant had contended that the Single Judge has disposed of the captioned writ petition by relegating the petitioner to the appellate authority i.e., the Divisional Commissioner, despite which, the Single Judge in paragraph No. 9 of the impugned order had observed that till final disposal of the appeal, the order passed by the concerned authority i.e., the Deputy Collector Land Reforms (D.C.L.R.), shall not be given effect to. The counsel had contended that though the Single Judge did not entertain the petition filed by the writ petitioner on the ground of availing statutory alternative remedy, granted the interim relief to the writ petitioner till final disposal of the appeal. It was contended that on the date of disposal of the petition, even the appeal was not preferred by the original writ petitioner. The counsel also contended that while passing the said order, the Single Judge did not assign any reason for grant of such relief in favour of the original writ petitioner. It had pointed out from the records that the aforesaid order came to be passed on September 11, 2024 and till date, the notice in the appeal filed by the original writ petitioner was not received by the present appellant. The counsel, urged that the impugned order be set aside. The counsel for the appellant had placed reliance upon the decision rendered by the Supreme Court in the case of Hotel Queen Road Private Limited & Ors. vs. Ram Parshotam Mittal & Ors.; reported in (2014) 13 SCC 646, and more particularly paragraph No. 16 thereof. The counsel had also placed reliance upon the decision rendered by the Supreme Court in the case of Ajay Mohan & Ors. vs. H.N. Rai & Ors.; reported in (2008) 2 SCC 507, and more particularly paragraph No. 24 thereof. The counsel, therefore, urged that in view of the aforesaid decisions rendered by the Supreme Court, it was not open for the Single Judge to grant relief to the writ petitioner while disposing of the petition. The counsel, therefore, urged that the appeal be allowed and the impugned order passed by the Single Judge be set aside.

The counsel on behalf of the private respondent contended that as per provisions contained in Section 15 of the Bihar Land Disputes Resolution Act, 2009, once the appeal was filed by the appellant, the order passed by the competent authority was automatically stayed. He referred to the aforesaid provision in support of the said contention. The counsel for the private respondent, thereafter, submitted that in the present case, the Single Judge disposed of the writ petition by relegating the writ petitioner before the appellate authority and, therefore, now, when the writ petitioner was filed the appeal before the appellate authority, the impugned order passed by the D.C.L.R. was required to be stayed and, therefore, the Single Judge has not committed any error while passing the impugned order. The counsel urged that this appeal be dismissed. The counsel appearing on behalf of the respondent authorities had also supported the submissions canvassed by the private respondent. The counsel submitted that the appeal should not be entertained. 

From the records, it emerged that Guru Charan Ray, the respondent No. 6 had filed the captioned writ petition challenging the order dated August 10, 2024, passed by the Deputy Collector Lands Reforms, whereby, the said authority had held that the writ petitioner has illegally occupied the land in question by constructing the cattle shed. The D.C.L.R. also directed the concerned Circle Officer to take necessary action to ensure that the possession of the land in question be handed over to the concerned private respondent. It also transpired that the Single Judge did not issue notice to the private respondent in the writ petition/present appellant and the writ petition came to be disposed of on the ground that the original writ petitioner has efficacious alternative remedy of statutory appeal before the Divisional Commissioner as provided under Section 14 of the Act of 2009. 

Justice Pancholi recorded:"...the original writ petitioner has not challenged the impugned order passed by the learned Single Judge and, in fact, the original writ petitioner has already preferred the appeal before the appellate authority i.e., the Divisional Commissioner. However, at this stage, it is further required to be observed that though the learned Single Judge has disposed of the writ petition by granting liberty to the petitioner to file appeal before the Divisional Commissioner within the stipulated time, the learned Single Judge has further observed that the order dated 10.08.2024, passed by the D.C.L.R., shall not be given effect to till the final disposal of the appeal. 15. Therefore, the limited question before us in the present appeal is 'whether the learned Single Judge could have passed the order of grant of relief in favour of the writ petitioner while relegating him to the appellate authority or not?' 

Justice Pancholi referred to the decision rendered in the case of Ajay Mohan, wherein, the Supreme Court had observed in paragraph No. 24 as under :- “24. The order of the City Civil Court dated 13-10-2006 may be bad but then it was required to be set aside by the court of appeal. An appeal had been preferred by the appellants there against but the same had been withdrawn. The said order dated 13-10-2006, therefore, attained finality. The High Court, while allowing the appellant to withdraw the appeal, no doubt, passed an order of status quo for a period of two weeks in terms of its order dated 23-11-2006 but no reason therefor had been assigned. It ex facie had no jurisdiction to pass such an interim order. Once the appeal was permitted to be withdrawn, the Court became functus officio. It did not hear the parties on merit. It had not assigned any reason in support thereof. Ordinarily, a court, while allowing a party to withdraw an appeal, could not have granted a further relief. ”

He added: ''17. From the aforesaid observation made by the Hon’ble Supreme Court, it can be said that once the appeal was permitted to be withdrawn, the Court became functus officio and the Court had no jurisdiction to pass such an interim order. 18. In the case of Hotel Queen Road Private Limited (supra), the Hon’ble Supreme Court has observed in paragraph No. 16....'' It reads: “16. In view of the aforestated judgments, it is very clear that if a petition is not maintainable and is ultimately withdrawn, the court should not continue interim relief for a period beyond withdrawal of the writ petition. However, the aforestated observation would not apply to a case where the matter is heard on merits and after considering the facts of the case the court permits withdrawal of the case. In such a case, the court is at liberty to extend the interim relief or can grant interim relief for a limited period after recording reasons for the same.”

The High Court observed:''it is clear that if a petition is not maintainable and is ultimately withdrawn, the Court should not continue interim relief for a period beyond withdrawal of the writ petition. 20. Keeping in view the aforesaid decisions rendered by the Hon’ble Supreme Court, if the facts of the present case as
discussed herein above are examined, it transpires that while not entertaining the petition filed by the writ petitioner on the ground of availability of efficacious alternative remedy, the learned Single Judge has observed that the order passed by the D.C.L.R. shall not be given effect to till final disposal of the appeal. Further, while granting such relief in favour of the writ petitioner, the learned Single Judge did not assign any reason. 21. We are also of the view that the reliance placed by learned counsel for the respondent No. 6/original writ petitioner upon Section 15 of the Act of 2009, is misconceived.''