Amir Hussain @ Md. Amir Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2492 of 2018 ====================================================== Amir Hussain @ Md. Amir Hussain S/o Late Abdul Gaffur, R/o VillageKamar Mani, P.O.- Gachhpara, P.S. and District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Disaster Management Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Disaster Management Department ,Govt. of Bihar, Patna.

3.

The District Magistrate, Kishanganj.

4.

The In Charge Officer, District Disaster Management Department Kishanganj.

5.

The District Mine Officer, Kishanganj.

6.

The District Agriculture officer, Kishanganj. 7.

The Circle officer, Kishanganj Block, Kishanganj. 8.

The Block Agriculture Officer, Kishanganj.

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

For the Petitioner/s :

Mr.Sanjay Kumar Giri For the Respondent/s :

Mr. Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2022 Though, the present writ petition has been filed for permitting the petitioner to remove the sand deposited in his agricultural land, situated in village Gachhapara, Thana No. 22, Khata No. 164,16, Khesra No. 428, 86,301,302, on account of flood in the month of August, 2017 in the District of Kishanganj, however, during the interregnum period, the Mining Inspector-cum- Competent Authority, Kishanganj has issued a letter dated 13.04.2018 whereby and where-under it has been stated that the Mining Department has got no objection in case

Patna High Court CWJC No.2492 of 2018(3) dt.18-07-2022 2/2 the sand in question is lifted and removed from the agricultural land of the petitioner. Hence, it is submitted that the present writ petition has become infructuous. Nonetheless, it is prayed that a direction be issued to the said effect so that the Respondent authorities do not create any hurdle.

Accordingly, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to remove the sand in question, which had accumulated in the year 2017 over the agricultural land of the petitioner on account of flood.

(Mohit Kumar Shah, J) Tiwary/- U