Ram Briksha Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1053 of 2019 In Civil Writ Jurisdiction Case No.10221 of 2016 ====================================================== Ram Briksha Bhagat S/o Hriday Narayan Bhagat At and P.O. Sangrampur, P.S. Sangrampur, District - Munger ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

The District Magistrate Munger 3.

The Sub Divisional Office Tarapur, Munger 4.

The Circle Officer Sangrampur, Block Munger 5.

Sunil Kumar Bhagat S/o Late Ganga Prasad Bhagat at and P.O.-Sangrampur, P.S. Sangrampur, District-Munger 6.

Aashish Mandal S/o Nandeshwari Mandal Village-Khapra, P.S. Sangrampur, District-Munger ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pranav Kumar Jha For the Respondent/s :

Mr.Sarvesh Kumar Singh (Aag13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-03-2021 The present Letters Patent Appeal has been preferred against the judgment dated 01.08.2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 10221/16 titled as Ram Briksha Bhagat Vs. The State of Bihar and Ors. Learned counsel for the appellant seeks permission to withdraw the present appeal reserving liberty to approach the appropriate authority under the Bihar State

Patna High Court L.P.A No.1053 of 2019 dt.02-03-2021 2/3 Pollution Control Board Act.

Permission is granted.

Present Letters Patent Appeal stands disposed of in the following terms:

(a) appellant shall approach the authority under the Pollution Control Board Act by filing a representation along with a copy of this order;

(b) the appropriate authority shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order;

(c) equally, liberty is reserved to the appellant to take recourse to such alternative remedies as are otherwise available in accordance with law;

(d) we are hopeful that as and when appellant takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (e) needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (f) liberty reserved to the appellant to approach

Patna High Court L.P.A No.1053 of 2019 dt.02-03-2021 3/3 the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) we have not expressed any opinion on merits. All issues are left open;

(h) the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

The appeal stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA