M/S Mahadev Enclave Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1996 of 2018 ====================================================== M/s Mahadev Enclave Pvt. Ltd., a registered company having its registered office at B-37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through its Director of Kartik Rathi, S/o Shri Ajay Rathi R/o 3-B 22-23 Sukhadia Nagar, Sri Ganganagar (Rajasthan) ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Cum Commissioner, Department of Mines & Geology, Govt. of Bihar, Patna 2.

The Principal Secretary Cum Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna.

3.

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

4.

The Director, Department of Mines and Geology, Govt. of Bihar, Patna. 5.

The Under Secretary to the Government, Department of Mines and Geology, Govt. of Bihar, Patna.

6.

The District Magistrate Cum Collector Cum Chairman District Environment Impact Assessment Authority 7.

The Bihar State Pollution Control Control Board, Patna through its Chairman.

8.

The Mines Inspector Cum Competent Authority, Banka. 9.

Dev Kumar Joshi Son of Damodar Prasad, 94, Sanjay Colony, Ward Number 33, Village P.O. and P.S.- Shriganga Nagar, District- Shri Ganga Nagar, Rajasthan 10.

Bhud Ram Sharma Resident of Village- Khoda, Ward number 6, DistrictHanuman Garh- 335524, Rajasthan 1 11.

Dalip Singh, Village, P.O.- Deenwaladkhani, P.S.Phatepur, Pin- 332303, District- Sikar,

12. Rakesh Roushan, Village-Sarkain Bus Stand, Ward No.11, P.O. & P.S. Banka-813102 13.

Shipshupal Prasad Verma ,Village and P.O. Parao, P.s. Bihta, Pin -802160, District- Patna 14.

Raj Kumar Gupta, Village- Likhisarai, Bazar Samiti, Ward No. 31, P.O. Lakhisarai, P.S. Kavalya, Pin- 811311, District- Lakhisarai1 15.

Piyush Kumar, Village and P.O. Bihat, P.S. Barauni, Pin- 851135, DistrictBegusarai, 16.

Savitri Devi ,Village- Baithani, P.O. Chaknathu, P.S. Amnanda, Pin- 813204, District- Bhagalpur, 17.

Abhishek Kumar Singh, P.O. Saroja, P.S. Bakhtiyarpur, District- Saharsa852106. ... ... Respondent/s

Patna High Court CWJC No.1996 of 2018(3) dt.17-10-2019 2/2 ====================================================== Appearance :

For the Petitioner :

Mr.Gautam Kumar Kejriwal, Advocate Mr. Atal Bihari Pandey, Advocate Mr. Alok Kumar Jha, Advocate For the State :

Mr.Gyan Prakash Ojha -GA-7 For the BSPCB :

Mr. Shivendra Kishore, Sr. Advocate Mr Parijat Saurav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Mr. Shivendra Kishore, learned Senior Counsel appearing on behalf of the Bihar State Pollution Control Board is also present. A supplementary affidavit has been filed in this Court by the petitioner stating that the grievance of the petitioner has now been redressed as the reverse e-auction has now been cancelled and the modified mining plan as forwarded to the Department has now been approved and, therefore, the writ application has been rendered infructuous. He thus submits that the petitioner be permitted to withdraw the writ application. Learned counsel appearing on behalf of the State appears to have no objection to the same.

In view of the aforementioned facts and circumstances, the liberty sought for is granted. The writ application stands dismissed as infructuous. (Anjana Mishra, J) PNM U