Dismissed

Mahadeo Jha v. The State Of Bihar and Ors.

Patna HC8 Apr 2015MJC/4963/2014

Case brief

AI extract

What is this about?

In an order on a contempt application for wilful disobedience of a previous writ disposition, the Patna High Court held that no direction was issued to any opposite party. The court dismissed the application as there was no compliance violable by the respondents and granted liberty to the petitioner for any fresh cause of action.

What did the court decide?

Contempt application dismissed; liberty granted to petitioner to approach appropriate forum if fresh cause of action arises.

Mahadeo Jha Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4963 of 2014

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Civil Writ Jurisdiction Case No. 14715 of 2013

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====================================================== Mahadeo Jha, son of Ramchandra Jha, resident of village Ganaur, P.S. Ghanshyampur, Dist. Darbhanga

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.... .... Petitioner

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Versus

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The State of Bihar

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Vivek Kumar Singh, Principal Secretary, Ministry of Environment, Govt. of Bihar, Patna

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Kumar Ravi, District Magistrate, Darbhanga

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Humain Khan, Joint Secretary, Department of Mines & Geology, Govt. of Bihar, Patna

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Rakesh Kumar, Bihar State Pollution Control Board through its Chairman, BELTRON Bhawan, Patna

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Bodh Narayan Bimal, District Mining Officer, Darbhanga

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Chandrashekhar Singh, Circle Officer, Gora Boram, Darbhanga

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M/s. Hira Ita Udyog through its proprietor Shashidhar Jha, situated at village Aadharpur, P.S. Ghanshyampur, Dist. Darbhanga

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U.S.Jha, Member Secretary, State Environment Impact Assessment Authority (SEIAA), Bihar

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.... .... Opp. Parties

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Amish Kumar, Advocate For the Respondent No.4: Ms. Binita Singh, Advocate For the State : Mr. Deepak Sahay Jamuar, AC to AAG 6

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA

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and

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HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

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2 08-04-2015 Heard learned counsel for the petitioner and learned counsels for the State and for the Bihar State Pollution Control Board.

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The contempt application has been filed for wilful disobedience and non-compliance of the order dated 20.11.2014 passed in CWJC No. 14715 of 2013 and MJC No. 1536 of 2014.

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Patna High Court MJC No.4963 of 2014 (2) dt.08-04-2015

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From a perusal of the order under contempt it appears that by the said order the petitioner was only granted liberty to approach either the Authority which had issued a clearance certificate and consent order or the appellate authority in accordance with law for revocation of the clearance, consent order. It is evident that no direction was issued to any of the opposite parties for violation of which the petitioner can approach this Court.

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The contempt application is dismissed.

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The petitioner, in case any fresh cause of action has arisen or arises to him, shall have liberty to take recourse to appropriate proceedings before appropriate forum.

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(Ramesh Kumar Datta, J)

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(Anjana Mishra, J) spal/-

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Mahadeo Jha v. The State Of Bihar and Ors.

Case brief

What is this about?

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Mahadeo Jha v. The State Of Bihar and Ors.

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