Shailendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6897 of 2015 ====================================================== Shailendra Kumar, S/o Late Rup Narayan Kumar, village- Indarwa, P.S. - Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

1. The State of Bihar through Commissioner, Tirhut Division, Muzaffarpur, Government of Bihar, Patna.

2. The Collector, Sheohar.

3. The Sub-Divisional Officer, Shivhar.

4. The Circle Officer, Piprahi, District- Sheohar.

5. The S.H.O. Piprahi Police Station, District- Sheohar.

6. Ramshreshtha Rai S/o Late Jagdish Rai

7. Ajay Rai S/o Sri Yogendra Rai

8. Kameshwar Kunwar, S/o Late Kapildeo Kunwar All 6 to 8, village- Indarwa, P.S.- Piprahi, District- Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh, Adv.

For the Respondent/s :

Mr.Chittaranjan Sinha, PAAG-2 Mr. Shailendra Kumar, AC to PAAG-2 For the Mines :

Mr. Naresh Dikshit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner, learned Special PP Mines as well as the State.

The instant writ application has been filed for the issuance of Writ of Mandamus commanding the respondentState authorities to take steps for settlement of 'Sand Ghat' through tender, as the government is loosing it's revenue of thousands of rupee per day due to illegal mining and transportation of sand and for issuance of proper order/orders,

Patna High Court CWJC No.6897 of 2015(3) dt.03-01-2019 2/3 direction/directions for which the petitioner may be found entitled to.

Learned counsel for the petitioner submits that he being the citizen of India has filed the instant writ petition bringing within the knowledge of the State authorities about the illegal mining of sand by filing several representations which has not been replied by the authority.

The Special PP Mines has submitted that petitioner has no locus standi to file the instant writ petition as he is not the person aggrieved and he has no any proof to demonstrate that illegal mining is being done by the private respondent Nos. 6 to 8.

This Court is of the view that petitioner in the instant writ petition has made prayer for issuance of Writ of Mandamus commanding the respondents to take steps for settlement of 'Sand Ghat' through tender, as the government is loosing it's revenue of thousands of rupee per day due to illegal mining and transportation of sand. He has named private respondent Nos. 6 to 8 as the person for such illegal activities. But, there is no any supporting documents in the writ petition. It further transpires from the writ petition that petitioner is neither aggrieved person nor any of his rights has been violated.

Patna High Court CWJC No.6897 of 2015(3) dt.03-01-2019 3/3 Therefore, this writ petition is not maintainable. It is, accordingly, dismissed.

(Sanjay Priya, J) shyambihari/- U