Gaurav Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 3546 Patna

Citation : 2021 Latest Caselaw 3546 Patna
Judgement Date : 20 July, 2021

Patna High Court

Gaurav Kumar Singh vs The State Of Bihar on 20 July, 2021

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.9006 of 2021
     ======================================================

Gaurav Kumar Singh Son of Anjani Kumar Singh resident of Flat No. 302, Shashi Sudama Niketan, Road No. 02, Rajendra Nagar, P.o.- Rajendra Nagar, P.s.- Kadamkuan, District- Patna

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Department of Water Resources, Government of Bihar at Patna through the Principal Secretary, Bihar at Patna

3. The Principal Secretary, Department of Water Resources, Government of Bihar, Bihar at Patna

4. The Department of Forest and Environment, Government of Bihar, Bihar at Patna through the Principal Secretary, Bihar at Patna

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

6. The Department of Revenue and Land Reforms, Government of Bihar at Patna through the Principal Secretary, Bihar at Patna

7. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Bihar at Patna

8. The Member Secretary, Bihar Pollution Control Board, Bihar at Patna

9. The Chairman, Bihar Pollution Control Board, Bihar at Patna

10. The District Magistrate, Araria, District- Araria

11. The District Magistrate, Arwal, District- Arwal

12. The District Magistrate, Aurangabad, District- Aurangabad

13. The District Magistrate, Banka, District- Banka

14. The District Magistrate, Begusarai, District- Begusarai

15. The District Magistrate, Bhagalpur, District- Bhagalpur

16. The District Magistrate, Bhojpur, District- Bhojpur

17. The District Magistrate, Buxar, District- Bhojpur

18. The District Magistrate, Darbhanga, District- Darbhanga

19. The District Magistrate, East Champaran (Motihari), District- Motihari

20. The District Magistrate, Gaya, District- Gaya

21. The District Magistrate, Gopalganj, District- Gopalganj

22. The District Magistrate, Jamui, District- Jamui

23. The District Magistrate, Jehanabad, District- Jehanabad

24. The District Magistrate, Kaimur (Bhabhua), District- Kaimur

25. The District Magistrate, Katihar, District- Katihar Patna High Court CWJC No.9006 of 2021 dt.20-07-2021

26. The District Magistrate, Khagaria, District- Khagaria

27. The District Magistrate, Kisanganj, District- Kisanganj

28. The District Magistrate, Lakhisarai, District- Lakhisarai

29. The District Magistrate, Madhepura, District- Madhepura

30. The District Magistrate, Madhubani, District- Madhubani

31. The District Magistrate, Munger, District- Munger

32. The District Magistrate, Muzaffarpur, District- Muzaffarpur

33. The District Magistrate, Nalanda, District- Nalanda

34. The District Magistrate, Nawada, District- Nawada

35. The District Magistrate, Patna, District- Patna

36. The District Magistrate, Purnia, District- Purnia

37. The District Magistrate, Rohtas, District- Rohtas

38. The District Magistrate, Saharsa District- Saharsa

39. The District Magistrate, Samastipur, District- Samastipur

40. The District Magistrate, Saran, District- Saran

41. The District Magistrate, Sheikhpura, District- Sheikhpura

42. The District Magistrate, Sheohar, District- Sheohar

43. The District Magistrate, Sitamarhi, District- Sitamarhi

44. The District Magistrate, Siwan, District- Siwan

45. The District Magistrate, Supaul, District- Supaul

46. The District Magistrate, Vaishali, District- Vaishali

47. The District Magistrate, West Champaran, District- West Champaran

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4 Mr. Deepak Sahay Jamuar, AC to AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 20-07-2021 Patna High Court CWJC No.9006 of 2021 dt.20-07-2021

Petitioner has prayed for the following relief(s):-

"1.(I) That the present writ application is being filed in the nature of Public Interest Litigation for the issuance of writ, order or direction in the nature of Mandamus to the respondent authorities to remove encroachments from the water bodies stated at Annexure-P/4 to the writ application; on the grounds that more than 70% of the water bodies have been vanished because of encroachment;

(II) That the present writ application is being filed for the issuance of writ, order or direction in the nature of Mandamus to command and direct the respondent authorities that discharge of untreated effluents in the water bodies should be stopped immediately, on the ground that it is polluting the water bodies and further stop all kinds of construction activities within 2 km of water bodies because the construction work near water bodies has bad impact on it, which further results into exploitation of the water bodies;

(III) That the present writ application is being filed for the issuance of writ, order or direction in the nature of Mandamus to command and direct the respondent authorities that GPS/satellite images of water bodies across districts in Bihar should be done and upload it on the website, further, submit an annual report on the website regarding the status of water bodies such as how much desilting has been done, removal of encroachment, cleaning, condition of groundwater, etc along with other initiative steps that have been taken by the authorities for protection and preservation of water bodies;

Patna High Court CWJC No.9006 of 2021 dt.20-07-2021

(IV) That the present writ application is being filed for the issuance of writ, order or direction in the nature of Mandamus to command and direct the respondent authorities to plant more and more trees especially near water bodies, on the ground that it will help in discharging water into ground and also prevent the flood, which destroys everything every year and huge amount has been spent by the government to deal with after effects of flood, further, fencing of the water bodies should be done to avoid other illegal activities and dumping of garbage near water bodies;

(V) And for issuance of any other relief or relief(s) for which the petitioner is entitled to."

After the matter was heard for some time, learned

counsel for the petitioner, under instructions, seeks permission

to withdraw the present petition reserving liberty to file a fresh

petition, with better particulars, on the same and subsequent

cause of action, if so required and desired.

Permission granted with liberty as prayed for.

Liberty also reserved to the petitioner to make a

mention for listing of the petition on priority basis. As and

when any such mention is made, Registry shall take steps for

listing the petition at the earliest.

Instant petition stands dismissed as withdrawn in