Satyadev Hajra @ Satya Deo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12502 of 2023 ====================================================== Satyadev Hajra @ Satya Deo Yadav, Son of Late Bathu Yadav, Resident of Village- Ward No. 5, Bela Pokhar, Belhi Pakshimi, P.O- Belhi, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.

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

3.

Commissioner, Dharbhanga Division, District- Madhubani. 4.

Collector-cum-District Magistrate, District- Madhubani. 5.

Superintendent of Police, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.P.K. Shahi (AG) Mr. Naresh Dikshit (Spl. P.P. Mines) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-09-2023

1. When the matter was called out in the list in the morning and kept aside for hearing, the petitioner's counsel was present, but later when the matter was taken up, there was no appearance for the petitioner.

2. The petitioner by the above writ petition, filed in public interest, seeks to take up cudgels against the mining leases granted by the State. The petitioner seeks the constitution of an Investigation Team to enquire into the role of the Special

Patna High Court CWJC No.12502 of 2023 dt.01-09-2023 2/3 State Officials in granting the lease for sand mining to companies and the transporters involved in the mining over the land of the agriculturists situated on the banks of Kamla River including Belhi Panchayat, District- Madhubani. It is also alleged that there is illegal transporting of earth sand without demarcating the mining area, causing loss to the public exchequer, which activities also are in complete violation of Mines and Minerals (Development & Regulations) Act, 1957.

3. Having gone through the memorandum of writ petition, we find that there is no specific complaint raised and broad allegations are made of illegal grant of mining leases. Neither the officials who granted the lease are made parties in person nor are the mining companies or the transporters, against whom allegations are raised, impleaded. The Public Interest Litigation is filed without any responsibility and merely based on a representation filed without any details.

4. The writ petition is liable to be dismissed with costs, which is quantified at Rs. 5,000/- (five thousand) and the same shall be paid over to the Bihar State Legal Services Authority within a period of two weeks, or it shall be recovered by the Bihar State Legal Services Authority in the same procedure as arrears due on land revenue are recovered.

Patna High Court CWJC No.12502 of 2023 dt.01-09-2023 3/3

5. The writ petition stands dismissed with the above directions.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 04.09.2023 Transmission Date