Bihar Ganga Sone Balu Nawik Majdoor Kalyan Sangh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6520 of 2018 ====================================================== Bihar Ganga Sone Balu Nawik Majdoor Kalyan Sangh Son of Late Mathura Rai, Haldi Chhapra, Dhajwa Tola, Maner, Patna, P.S.- Maner, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary-cum- Mines Commissioner, Mines and Geology Department, Government of Bihar, 3.
The Additional Secretary, Mines and Geology Department, Government of Bihar, Patna.
4.
The Director, Mines, Patna.
5.
The Additional Director, Head Quarter, Patna. 6.
The District Magistrate, Bhojpur at Ara.
7.
The District Magistrate, Patna.
8.
The District Magistrate, Saran at Chhapra.
9.
The District Mines Officer, Bhojpur at Ara.
10.
The District Mines Officer, Patna.
11.
The District Mines Officer, Saran at Chhapra. 12.
The Assistant Mines Officer, Bhojpur at Ara.
13.
The Assistant Mines Officer, Patna.
14.
The Assistant Mines Officer, Saran at Chhapra. 15.
The Officer-in- Charge, Koilwar Police Station, Bhojpur. 16.
The Officer-in- Charge, Bihta Police Station, Bihta, Patna. 17.
The Officer-in- Charge, Maner Police Station, Maner, Patna. 18.
The Officer-in- Charge, Shahpur Police Station, Shahpur, Danapur, Patna. 19.
The Officer-in- Charge, Danapur Police Station, Danapur, Patna. 20.
The Officer-in- Charge, Digha Police Station, Digha, Patna. 21.
The Officer-in- Charge, Doriganj Police Station, Doriganj, Chhapra Saran. 22.
The Officer-in- Charge, Awtar Nagar Police Station, Awtar Nagar, Chhapra Saran.
23.
The Officer-in- Charge, Dighwara Police Station, Dighwara, Chhapra Saran.
Patna High Court CWJC No.6520 of 2018 dt.18-09-2019 2/3 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Verma For the Respondent/s :
Mr.Gyan Prakash Ojha-Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 18-09-2019 During arguments, counsel for the petitioner submits that Boat men are traditional work force involved in dredging out sand from the Sone River bed even during rainy season but the respondents are not allowing them to involve in such activities. Furthermore, it has submitted that action of respondents depriving them from traditional work activities, amounts to taking away the right of livelihood.
From the counter affidavit filed on behalf of the respondents, we find that the government has taken a policy decision for not allowing to dredging out the sand during certain period during Rainy Season. This Court feels that in such policy decision, the Court should not interfere. Hence, we do not find any merit in the present case as excess exploitation of river will bring environmental imbalance.
Accordingly, this petition is disposed off.
However, the petitioner may approach the appropriate
Patna High Court CWJC No.6520 of 2018 dt.18-09-2019 3/3 authorities for redressal of their grievance. (Shivaji Pandey, J) ( Partha Sarthy, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date