Kuladip Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9110 of 2018 ====================================================== Kuladip Prasad Yadav, Son of Late Faudi Yadav, Resident of Village - Jamuavan, P.O. - Kadirganj, Police Station - Kadirganj, District - Nawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

3.

The Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.

4.

The District Magistrate, Nawada.

5.

The Sub Divisional Officer, Nawada Sadar, Nawada. 6.

The Superintendent of Police, Nawada.

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha- Ga7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 Petitioner has prayed for the following relief(s): "For issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to stop with immediate effect sand excavation from Sakari river nearby area of Kadirganj

Patna High Court CWJC No.9110 of 2018 dt.23-11-2020 2/3 (Nawada) under Sadar Block and many more villages namely Sonuvigha, Gopalganj, Chiliya Vigha, Hasanpura, Aanti, Jamuwan, Patwasarai, Ashrahi, Phutauni, Bajarangi Vigaha, Kurama Nanaura, Devanpura, Panchohiya, Ghostawan, Maya Vigha and near about more than twenty villages wherefrom the sand excavation is taking place at large scale by making settlement illegally and against the established norms of Mines and Minerals as well as Environment Law."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to respondent no.4 to consider and decide the representation (Annexure-2), within a period of four weeks. Learned counsel for the respondents states that the representation (Annexure-2) shall be dealt with in accordance with law, expeditiously and positively within a period of four weeks from the date of receipt of a copy of this order. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.9110 of 2018 dt.23-11-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 04.12.2020 Transmission Date