ORDER This is an example of a highly improper, illegal and malafide conduct on the part of the District Magistrate, Muzaffarpur and S.D.O., Muzaffarpur (East) which is in abuse of power. We are satisfied that such action has been taken on extraneous grounds. The impugned order was passed by the S.D.O. Muzaffarpur (East) directing the petitioner to remove the generator from her house to some other place, otherwise the generator would be seized under Pollution Control Act. She was also directed to present herself with papers regarding ownership at the residential office of the S.D.O. concerned on 9.7.93 at 10 A.M. It was stated that the same to be treated as a show cause. This is not a real show cause at all. This is an order giving certain direction with a threat of seizure with a mere mention of show cause. We called upon the S.D.O. Muzaffarpur (East) to explain the circumstances under which such order was passed and notice issued and under what authority of law. From the records produced by him, it appears as follow:- This arises out of a letter written, on behalf of the newspaper "Times of India", having its office at Patna, by its staff correspondent of Muzaffarpur and addressed to the District Magistrate, Muzaffarpur which is set out herein below:- "THE TIMES OF INDIA" Times House P.B. No. 25 Fraser Road, Patna-800 001. To : The District Magistrate Muzaffarpur. Sub : Regarding noise and air pollution caused by an illegal generator plant of Mr. R.N. Gupta opposite our office in Dr. B. Ghose Lane in Motijheel Mohalla. Sir, This is to complain to you that our office premises neighbour, Mr. Ramnath Gupta is causing great hardship for us by production "Noise Pollution" and "air pollution" from his illegal generator plant which he had set up in his residential campus just opposite our office premises in Dr. B. Ghose Lane in Motijheel Mohalla. This act of Mr. Gupta is highly detrimental to the health of the local people and is causing great loss to our office colleagues personal health. This is also effecting adversely our working as workmen. May I request you therefore to ask you to stop him from doing such an illegal act upon requisite anti pollution laws of the land? Regards, Your's Sincerely Sd/- (Arun Kumer) Staff Correspondent, Muzaffarpur. This is also effecting adversely our working as workmen. May I request you therefore to ask you to stop him from doing such an illegal act upon requisite anti pollution laws of the land? Regards, Your's Sincerely Sd/- (Arun Kumer) Staff Correspondent, Muzaffarpur. Upon such letter being received, the District Magistrate made an endorsement there in to the S.D.O. Muzaffarpur (East) directing that necessary action be taken and to inform him, pursuant to the letter received, this overzealous S.D.O., on the basis of such direction of such over-zealous District Magistrate, issued this order. So far as his authority and over to issue such direction/notice is concerned neither he nor his lawyer, has been able to make any submission or produce any law or authority, in support of his action. This is a wholly and totally high handed action the part of the authority taken merely on the basis of a letter received from a staff correspondent of an important and well known newspaper. Upon receipt of such letter, proper action could have been taken in accordance with law, provided they were authorised under the law to take such action, but they have chosen to act arbitrarily and illegally, merely on the basis of such letter. Further, in this case first an order has been passed for removal, then the petitioner has been directed to show cause which is totally illegal, mala fide and arbitrary. This is apart from the question about jurisdiction to pass such order as issue such show cause. Accordingly we quash this order of the S.D.O. Muzaffarpur (East) and the District Magistrate concerned. However, this will not prevent any competent authority from acting in accordance with law, if they are entitled to do so. This application is disposed of accordingly. Application disposed.