Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7020 of 2021 ====================================================== Gautam Kumar, S/o Ramcharan Das, Proprietor of M/s D L G Bricks, VillBindnagar PO- Gamhiragrah, Block- Thakurganj, District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Forest and Environment, Government of Bihar.

2.

The Principal Secretary, Department of Mines and Geology, Government of Bihar.

3.

The Bihar State Pollution Control Board, Patna through its Member Secretary, Paryawaran Bhawan Patliputra Industrial Area, Patna. 4.

The Chairman, Bihar State Pollution Control Board Patna. 5.

The State Environment Impact Assessment Authority Bihar Patna through its member Secretary, Beltron Bhawan, Sastri Nagar, Patna. 6.

The Chairman, The State Environment Impact Assessment Authority, Bihar, Beltron Bhawan, Sastri Nagar, Patna.

7.

District Magistrate, Kishanganj.

8.

The District Mining Officer, Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishikesh Ojha, Advocate For the Respondent/s :

Mr. Raghwanand, GA-11 Mr. Parijat Saurav, Advocate Mr. Naresh Dikshit, Spl. P. P. Mines Mr. Abhimanyu Singh, Advocate ======================================================

2/6 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-01-2022 Petitioner has prayed for the following relief(s):-

3/6

4/6 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the respondent No.4, namely, the Chairman, Bihar State Pollution Control Board Patna, before whom his request (page 66) is pending, to consider and decide the petitioner's request (page 66) within a time bound period.

Learned counsel for the respondents states that the petitioner's request shall be positively considered and decided expeditiously and preferably within a period of two months from the date of presentation of a copy of this order before the authority concerned.

Statement accepted and taken on record.

5/6 As such, petition stands disposed of in the following terms:- (a) Petitioner shall make himself available in the office of respondent No.4, namely, the Chairman, Bihar State Pollution Control Board Patna on 17th of January, 2022 along with a copy of this order;

(b) The said respondent shall consider and dispose of the petitioner's request expeditiously by a reasoned and speaking order preferably within a period of two months from the date of appearance of the petitioner before him along with a copy of this order;

(c) Needless to add, while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Also, the reasoned and speaking order passed by the appropriate authority shall be supplied to the parties; (e) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(f) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

6/6 accordance with law and with reasonable dispatch; (g) Liberty reserved to the petitioner to challenge the order before the appropriate forum, should the need so rise subsequently;

(h) We have not expressed any opinion on merits. All issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 06.01.2022 Transmission Date