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Patna High CourtCWJC/17446/2013disposed

M/S Shree Ram Stone Works And ORS v. The State Of Bihar And ORS

2015-08-24Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17446 of 2013 ======================================================

1. M/S Shree Ram Stone Works, Proprietor Krishna Yadav Son of Ram Chandra Yadav, Mauza - Brindawan Village - Ranka, P.O. Karki, Police Station - Ariyari, District - Sheikhpura

2. M/S Gautam Stone Works, Proprietor Binod Chauhan Son of Ram Dinesh Chauhan, Mauza - Roundri Village and P.O. Shirnama, Police Station - Ariyari, District - Sheikhpura

3. M/S Shiv Shakti Stone Works, Proprietor Umesh Kumar, Son of Rameshwar Mahto Mauza and Village - Roundri, P.O. Karki, Police Station - Ariyari, District - Sheikhpura

4. Ashok Chauhan Son of Bhola Chauhan Mauza - Ranka, Village - Teja Bigha, P.O. Viman, Police Station - Ariyari, District - Sheikhpura

5. M/S Sindhwani Stone Works, Proprietor Ram Nandan Prasad, Son of Late Bano Mahto, Mauza, Village and P.O. Brindawn, P.S. Ariyari, District - Sheikhpura

6. M/S Uday Stone Works, Proprietor Gendhari Yadav, Son of Mahavir Yadav, Mauza and Village - Ranka, P.S. Ariyari, District - Sheikhpura

7. M/S Hari Om Stone Works, Proprietor Shivdani Chauhan, Son of Late Hari Chauhan, Village - Karki, Mauza - Karki, Mauza - Karki, Police Station - Ariyari, District - Sheikhpura

8. M/S Mukhiya Stone Works, Proprietor Raj Kishore Yadav, Son of Ram Swaroop Yadav, Mauza - Karki, Village - Maula Nagar, Police Station - Ariyari, District - Sheikhpura

9. M/S Anuj & Kamlesh Stone Works, Proprietor Kamlesh Kumar, Son of Triloki Mahto, Mauza & Village - Raundri, P.O. Karki, Sheikhpura

10. M/S Rai Stone Works, Proprietor Kumar Devansu Neeraj Son of Dhirendra Kumar Rai, Mauza & Village - Pathraita, P.O. Karki, Police Station Ariyari, District - Sheikhpura

11. M/S Mukesh Kumar Stone Works, Proprietor Mukesh Kumar, Son of Late Ramdeo Singh, Mauza - Bheldi, Village & P.O. Khaira, P.S. Haweli Khargpur, District - Munger

12. M/S Jai Maa Stone Works, Proprietor Vijay Kumar, Son of Shiya Sharan Mahto, Mauza & Village - Hazrathpur Maddo, P.O. Vrindawan, P.S. Ariyari, District - Sheikhpura

13. M/S Maa Laxmi Stone Works, Proprietor Kiran Devi, Wife of Late Murari Kumar Sharma, S/O Late Arjun Pd. Sharma, Village & P.O. Karki, Mauza - Raundri, P.S. Ariyari, Disttrict - Sheikhpura

14. M/S Shidhwani Stone Works, Proprietor Shivdani Yadav, Son of Bhola Yadav, Mauza & Village - Maula Nagar, Distt. - Sheikhpura

15. M/S Sarswati Devi Stone Works, Proprietor Dilip Prasad, Son of Nand Kishore Prasad, Mauza, Village & P.O. Virindavann, Police Station - Ariyari, District - Sheikhpura

16. M/S Santosh Stone Works, Proprietor Babita Devi, Wife of Santosh Prasad, Mauza, Village & P.O. Virindavann, Police Station - Ariyari, Distt. - Sheikhpura .... .... Petitioners

Versus

1. The State of Bihar through Principal Secretary, Department of Mines & Geology, Bihar, Patna

Patna High Court CWJC No.17446 of 2013 (3) dt.24-08-2015 2/3

2. The Principal Secretary, Department of Mines & Geology, Bihar, Patna

3. The Commissioner - Cum - Secretary, Department of Forest, Bihar, Patna

4. The Mineral Development Officer, Department of Mines & Geology, Sheikhpura (Bihar)

5. The District Magistrate, Sheikhpura (Bihar)

6. The Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna - 800 023

7. The Member Secretary, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna - 800 023

8. The Divisional Forest Officer, Sheikhpura (Bihar) .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2015 Heard Sri Bindhyachal Singh, learned counsel for the petitioners, learned AC to AAG-13, Sri Rajendra Prasad, learned counsel for the Respondent/ Mines and Geology Department and learned counsel for the Respondent/ Bihar State Pollution Control Board.

In this case, of course, in the writ petition the petitioners had made prayer for directing for the Respondents to provide adequate raw materials in the form of stone to the petitioners, who have established crusher units and other reliefs, at the time of hearing of the present writ petition, learned counsel for the petitioners confines his prayer to the extent of directing the Principal Secretary, Mines and Geology Department to dispose of the representation filed by the petitioners i.e. Annexure-6 to the

Patna High Court CWJC No.17446 of 2013 (3) dt.24-08-2015 3/3 present writ petition.

In view of limited prayer made by learned counsel for the petitioners, the Court is of the opinion that the writ petition can be disposed of. Accordingly, the writ petition stands disposed of with an observation that the Principal Secretary, Mines and Geology Department, Govt. of Bihar may take appropriate decision on the representation of the petitioners i.e. Annexure- 6 to the writ petition, preferably within a period of three months from the date of receipt/production of a copy of this order along with copy of the writ petition.

It goes without saying that this Court has not recorded any opinion about the merit of the case (Rakesh Kumar, J) NKS/- U