Patna High Court
Prabhat Kumar Munna vs The State Of Bihar on 13 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.44 of 2021
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Prabhat Kumar Munna, Son of Sri Bachcha Jee Choubey, Resident of flat no.
107, Maa Kali tower, Abhiyanta Nagar, Ranjan Path, near - Gokjula Gas
Agency, Bailey road, P.S. - Rupaspur, P.O. Danapur, Patna, Bihar, at present -
Janakpuri road no. 1, Gola road, P.O.- Danapur, P.S. - Rupaspur, District-
Patna Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Environment, Forest and Climate
change, Government of Bihar, Patna.
3. The Additional Chief Conservator, forests, Bihar.
4. Awdhesh Ojha, DFO, Nawada, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dipak Kumar, Advocate
For the Respondent/s : Mr.Sarvesh Kumar Singh, AAG 11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(The proceedings of the Court are being conducted by
Hon'ble the Chief Justice/ Hon'ble Judges through
Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs
joined the proceedings through Video Conferencing
from their residences/offices.)
Date : 13-07-2021
Petitioner has prayed for the following relief(s):-
"(i) Issuance of an order, direction or writ in the
nature of Mandamus directing the respondent
authorities to constitute a high level Committee to
probe into the illegalities committed by the private
respondent in Nawada Division (for the purpose of
Patna High Court CWJC No.44 of 2021 dt.13-07-2021
amassing huge amount money).
(ii) For a request to this Hon'ble Court to
monitor the enquiry into the illegal and criminal
activities of the private respondents while
functioning as DFO Nawada.
(iii) Issuance of an order, direction or writ in
nature Mandamus directing the State Authorities to
produce the enquiry report of the enquiry so
conducted against the private respondent on
26.06.2020.
(iv) Any other relief or reliefs as the petitioners
may be found entitled to in the facts and
circumstances of the case."
The short issue which arises for consideration is as to
whether the Government has taken any action against the erring
officer(s)/official(s) who were responsible for mass scale
deforestation of the trees in the Nawada Forest Division.
Shri Chakrapani, learned counsel for the petitioner
also invites our attention to the news report dated 23 rd of June,
2020, published in daily newspaper Hindustan and Dainik
Bhaskar [Annexure-4 and 4/1] indicating that perhaps some
action was contemplated against the erring official(s)/officer(s).
As prayed for by Shri Chakrapani, learned counsel for
the petitioner, we dispose of the present petition with a direction
to the State to provide information of the outcome of the
proceedings initiated, if any, against the erring
Patna High Court CWJC No.44 of 2021 dt.13-07-2021
officer(s)/official(s), enabling the petitioner to take further
appropriate action, in accordance with law.
We clarify that we have not expressed any opinion on
the issue, subject matter of the lis and leave it open for the
adjudicatory authority to take a decision on the petitioner's
application, which the petitioner shall be filing afresh, based on
the information supplied to him, in accordance with law.
Petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/PKP
AFR/NAFR
CAV DATE
Uploading Date 17.07.2021
Transmission Date
