Allowed

Deepak Kumar, v. The State of Bihar

Patna HC17 Jul 2019CWJC/11405/2019

Case brief

AI extract

What is this about?

The Court held that allegations of illegal mining or breach of settlement norms fall within the jurisdiction of the Mining Department or SEIAA. The writ petition was allowed to exhaust statutorily available remedies before the appropriate forum and disposed of accordingly.

What did the court decide?

Petitioner allowed to approach the appropriate forum under the Act and/or Respondent No.12; Writ petition disposed of.

Deepak Kumar, Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11405 of 2019

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Deepak Kumar, S/o Sanjay Singh, resident of Village- Tengraila, P.S.Naubatpur, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Forest and Environment Department, Bihar, Patna.

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

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The Principal Secretary, Mining Department, Govt. of Bihar, Patna.

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The Director General of Police, Patna.

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The District Magistrate, Patna.

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The Senior Superintendent of Police, Patna.

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The Deputy Superintendent of Police, Paliganj, Patna.

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The Sub Divisional Officer, Paliganj, Patna.

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The Circle Officer, Paliganj, Patna.

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The Station House Officer, Paliganj Police Station, Patna.

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The District Mining Officer, Patna.

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The Chairman State Environment , Impact Assessment Authority (SEIAA), Bihar.

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The Managing Director, M/S Broadson Commodities Private Limited, Ground Floor, Kolkata, West Bengal.

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The Regional Manager, M/s Broadson Commodities Pvt. Ltd., Dr. Himanshu Complex, Koilwar, Bhojpur.

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The Union of India through the Secretary, Ministry of Environment, Forest and Climate Change, New Delhi.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh, Adv. For the Respondent/s : Mr. Gyan Prakash Ojha, GA7

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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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2 17-07-2019 Heard Mr. Shambhu Sharan Singh, learned counsel

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for the petitioner, Mr. Naresh Dikshit, learned counsel appearing for the Mining Department, Mr. Kumar Ravish for the

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Patna High Court CWJC No.11405 of 2019(2) dt.17-07-2019 2/2

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Chairman, State Environment Impact Assessment Authority, learned counsel for the State and learned counsel for the Union of India.

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Though the cause is well taken but the allegations are vague and the forum would be otherwise because an issue of illegal mining or of violation of settlement norms is to be addressed either in the Mining Department or before the respondent No.12.

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The remedy is available to the petitioner under the statute and without exhausting the same the petitioner moved before this Court by way of public interest litigation.

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We thus allow the petitioner to espouse his grievance before the appropriate forum under the Act and/or before the respondent No.12 who would obviously consider and dispose of the same in accordance with law but in the nature of issue and the remedy available, we are not persuaded to express any opinion and the writ petition is disposed of accordingly.

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(Jyoti Saran, J)

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Bibhash/- U

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( Partha Sarthy, J)

Deepak Kumar, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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