Sudhir Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3290 of 2018 ====================================================== Sudhir Kumar Srivastava Son of Late Brij Kishore Srivastava, Resident of Village-Bhatkan Khem, P.O.-Narinpur, P.S.-Ander, District-Siwan, at Present Resident of Mohalla-Shukla Toli, P.S.-Siwan Town, District-Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary Cum Mining Commissioner, Mining and Minerals Department, Govt. of Bihar, Pa 3.

The Joint Secretary Cum Director, Mining and Minerals department, Govt. of BIhar, Patna.

4.

The District Mining Officer, Siwan.

5.

The Divisional Commissioner Saran at Chapra.

6.

The District Magistrate Cum Collector, Siwan. 7.

The Circle Officer, Jeeradei Circle, Siwan.

8.

M/s Vikash EET Udyog through its Proprietor Vinod Singh S/o Ramji Singh, Village-Narinpur, P.S.-Aander, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA 7 For the Mines Dept.

:

Mr. Utsav Anand, JC to Spl. P.P. Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2023 Heard Mr. Ashok Kumar, learned Counsel for the petitioner and Mr. Utsav Anand, learned J.C. to Spl. P.P. Mines. The petitioner has approached this Court for cancelling the license of the brick kiln of the respondent no. 8. It is the contention of the learned Counsel for the petitioner that in 2014 itself, to be precise on 13.10.2014 (letter no. 452), the Mining Development Officer, Chapra cum Mining Inspector, Siwan had directed the petitioner to stop

Patna High Court CWJC No.3290 of 2018(2) dt.10-08-2023 2/2 manufacturing of brick kiln till he gets letter from it as also after the environmental clearance.

If the direction of the State official is not being carried out, they are competent enough to get it executed and don't need the shoulder of the petitioner to use their guns. The writ petition is misconceived, ill advised and is accordingly dismissed.

(Rajiv Roy, J) Neha/- U