Manoj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10667 of 2023 ====================================================== Manoj Kumar Pandey Son of Beni Madhav Pandey, Resident of VillageMahui, Ward No. 5, P.S.-Ram Nagar, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Patna. 2.

The Development Commissioner, Bihar at Patna. 3.

The Principal Secretary, Panchayati Raj, Bihar at Patna. 4.

The Collector, West Champaran at Bettiah.

5.

The Deputy Development Commissioner, West Champaran, Bettiah. 6.

The District Panchayati Raj Officer, Bettiah, West Champaran. 7.

The Sub Divisional Officer, Ram Nagar, West Champaran. 8.

The Gram Panchayat Raj Mahui through its Secretary, Ram Nagar, DistrictWest Champaran. 9.

The Anchal Adhikari, Mahui, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma, Adv.

For the State :

Mr. Satya Vrat, AC to GP-10 For the Respondent :

Mr. Suresh Prasad Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-07-2024 At the outset, the learned counsel for the petitioner seeks to file a rejoinder affidavit, copy whereof has already been filed online. Let the same be kept on record. 2.

The present writ petition has been filed seeking the following relief:- "1. That the present application is being filed for

Patna High Court CWJC No.10667 of 2023(4) dt.30-07-2024 2/3 directing the respondents-authorities to consider the public-petition(An-P2) for constructing the proposed mega garbage dumping-point, Ward No.5, Mahui away from the dense population on the huge government-land appertaining to Khata No.3 Plot Nos.438, 439 & 1393 admeasuring 3 Acres 71 Decimals, 4 Acres 58 Decimals and 66 Acres 25 Decimals and not on the present site of a small land-parcel not only in the midst of densely populated village area but also obstructing the water-outlet for twenty villages as well as falling on the only road to the famous Someshwarnath Asthan of U.P.; to erect a solid waste processing unit there in terms of the Solid Waste Management Rules' 2016 following the pollution laws."

3.

At the outset, the learned counsel for the RespondentState submits that decision has been taken to shift the site, chosen for constructing the garbage dumping point, hence, the present writ petition has been rendered infructuous. 4.

The learned counsel for the petitioner admits that the Circle Officer, Ram Nagar, West Champaran, has directed the Revenue Karamchari and the Anchal Amin to search for alternative land for construction of the garbage dumping point. 5.

Having regard to the facts and circumstances of the case and while recording the submission made by the learned counsel

Patna High Court CWJC No.10667 of 2023(4) dt.30-07-2024 3/3 for the Respondent-State, as aforesaid, I deem it fit and proper to dispose off the present writ petition.

(Mohit Kumar Shah, J) Ajay/- U