Ishwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7446 of 2022 ====================================================== Ishwar Sahni (male), aged about 39 yeas, Son of Late Bhola Sahni Resident of Village and Post- Budhnagra Radha, P.S.- Mushahari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Secretary cum Mines Commissioner, Mines and Geology Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Ara at Bhojpur.

3.

The District Mining Officer, Ara at Bhojpur.

4.

The Superintendent of Police, Ara at Bhojpur. 5.

The S.H.O., Koilwar (Sadar), Bhojpur, Ara.

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

For the Petitioner/s :

Mr. Mukund Mohan Jha, Advocate For the Respondent/s :

Mr. Naresh Dikshit, Sp. PP Mines Mr. Utrav Anand, Advocate For the State :

Mr. Gyan Prakash Ojha, GA 7 Mr. Gopal Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 23-08-2022 Heard learned counsel for the parties.

The grievance of the petitioner is that his boat was seized by the Mining Officer on 29.08.2021. The same is getting dilapidated day by day as it is being retained in the water under open sky.

We hereby direct the Mining Officer to look into the matter immediately, particularly, representation Annexure-3 and pass a speaking order within 10 days from today.

Patna High Court CWJC No.7446 of 2022(3) dt.23-08-2022 2/2 In the eventuality, this Court finds that the Mining Officer is acting in an illegal manner, this Court would not hesitate to initiate punitive action against him. The petition stands disposed off.

(Rajan Gupta, J) ( Dr. Anshuman, J) P. Kumar U