Disposed

Md. Izhar Alam Alias Izhar Modi v. The State Of Bihar and Ors.

Patna HC13 Jul 2018CWJC/15202/2017

Case brief

AI extract

What is this about?

In this PIL regarding flooding in Bihar caused by dam gate openings in Nepal, the Patna High Court held it lacks extra-territorial jurisdiction to issue mandamus to a foreign government. The matter was disposed of by granting liberty to the petitioner to approach the competent Indian government ministries.

What did the court decide?

Granting liberty to the petitioner to take up the issue with the competent Ministry or departments of the Government of India.

Md. Izhar Alam Alias Izhar Modi Vs The… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15202 of 2017

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Md. Izhar Alam Alias Izhar Modi, Advocate Supreme Court of India Son of Late Md. Abdul Rafique resident of village Rafique Market, Madarsa Road, Madanpur Bazar, P.S. Araria, District - Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary of Bihar, Bailey Road, Patna.

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Home Commissioner, Bihar, Bailey Road, Patna.

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The Director General of Police, Bihar, Patna.

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The District Magistrate, Araria.

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The District Magistrate, Purnia.

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The District Magistrate, Katihar.

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The District Magistrate, Kishanganj.

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The Union of India, New Delhi.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : For the Respondent/s :

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 13-07-2018

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Petitioner has filed this Public Interest Litigation

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and the grievance of the petitioner is that in dams constructed and situated in the territory of Nepal the gates of the dams are opened without giving intimation to the border States like the State of Bihar, as a result flooding takes place in the State of Bihar.

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Seeking a mandamus to the Government of Nepal and a guideline to the Government of Nepal for opening and closing of the gates and to prevent flooding, this Public Interest

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Patna High Court CWJC No.15202 of 2017 dt.13-07-2018 2/2

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Litigation has been filed under Article 226 and 227 of the Constitution of India.

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The issue involved in the matter is an issue pertaining to agreement executed between two countries and in international dispute in the matter of operating of the dams in a different country, a country situated beyond the territorial jurisdiction of this Court, we have no extra territorial jurisdiction to issue any mandamus to a foreign country of the nature sought for.

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Granting liberty to the petitioner to take up the issue with the competent Ministry or departments of the Government of India, we dispose of the matter.

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(Rajendra Menon, CJ)

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(Rajeev Ranjan Prasad, J)

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P.K.P./-

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AFR/NAFR	N.A.F.R.
CAV DATE	N.A.
Uploading Date	16.07.2018
Transmission Date

Md. Izhar Alam Alias Izhar Modi v. The State Of Bihar and Ors.

Case brief

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Md. Izhar Alam Alias Izhar Modi v. The State Of Bihar and Ors.

Case brief

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