Diwakar Yadav, Advocate In Person v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6849 of 2020 ====================================================== Diwakar Yadav, Advocate in person Son of Sargun Prasad Yadav, Resident of 306/400, Rajbanshi Nagar, Police Station- Shastri Nagar, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Secretary, Forest, Environment and Climate Change Department, Government of Bihar, Patna.
3.
The Secretary, Road Construction Department, Government of Bihar, Patna. 4.
The Secretary, Energy Department, Government of Bihar, Patna. 5.
The Chief Conservator Forest, Forest, Environment and Climate Change Department, Government of Bihar, Patna.
6.
The District Forest Officer, Patna.
7.
The Station House Officer, Police Station, Shastrinagar, Patna. 8.
The Amhara Construction Company Road Construction Department, Government of Bihar, Patna.
... ... Respondent/s ====================================================== Appearance:
For the Petitioner/s :
Mr. Diwakar Yadav, Adv. (In Person) For the Respondent/s :
Mr. Sarvesh Kumar Singh, AAG 13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-07-2020 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ/order/direction to the respondents to stop the illegal cutting of living green tree in Rajbanshi Nagar, Patna area for the name of development of Road which is against the scheme of 'Jal Jeevan Hariyali' of the Government of Bihar.
(ii) For issuance of an appropriate writ/order/direction to the respondents to take legal action of the authorities of Forest Department who sat over the information of the
Patna High Court CWJC No.6849 of 2020(2) dt.03-07-2020 2/3 petitioner.
(iii) For issuance of an appropriate writ/order/direction to lodge First Information Report against the respondent no. 8 for illegal cutting the tree without permission of the State Government.
(iv) For issuance of an appropriate writ/order/direction granting any other relief or reliefs for which the petitioner is found entitled."
Shri Sarvesh Kumar Singh, learned AAG 13, submits that if the petitioner requests to the concerned Secretary, the same shall be addressed with promptitude. Also, if necessary, petitioner's views would be ascertained through video conferencing for which he shall assist.
The statement taken on record and in view of the same, the present petition stands disposed of in the following terms: - (i) During the course of the day, the petitioner shall send a representation annexing all the documents, by all modes, including electronic, to the Principal Secretary, Environment and Climate Change Department, Government of Bihar, Patna.
(ii) Learned counsel for the State shall inform the said authority of the passing of the order.
(iii) The petitioner's representation shall be considered
Patna High Court CWJC No.6849 of 2020(2) dt.03-07-2020 3/3 and decided strictly in accordance with law.
(iv) If necessary, the said Officer shall afford an opportunity of hearing to the petitioner through suitable modes, including electronic mode, which would be facilitated by the officers of the State. (v) If so required, liberty is reserved to the petitioner to take recourse to such remedies as are otherwise available in accordance with law.
(vi) We have not expressed any opinion on the merits of the case.
(vii) We only hope and trust that the authority shall deal with the issue with promptitude and the concern which it requires.
The petition stands disposed of in the above terms. (Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U