Patna High Court
Arshad Hussain Khan vs The State Of Bihar on 12 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21735 of 2019
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Arshad Hussain Khan Son of Waheed Hussain Khan, Resident of Village-
Ahiapur P.S. Maner, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology,
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Principal Secretary Cum Mines Commissioner, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Additional Secretary Cum Director, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Avinash Shekhar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha (GA7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-12-2022
Petitioner has prayed for the following relief(s):
"i) To issue an appropriate writ, order
or direction in the nature of certiorari for quashing
Notice Inviting E-Auction contained in P.R. No.
08504 (District)/2019-20 (Annexure 7) issued
under the signature of the Respondent Collector,
Patna, published on 28.09.2019, whereby and
where under the Respondents have initiated the
process for settlement of sand ghats in the District
of Patna in accordance with the provisions of
Bihar State Sand Policy 2019 and Bihar Minerals
(Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019.
Patna High Court CWJC No.21735 of 2019 dt.12-12-2022
ii) For issuance of a declaration that the auction
process initiated vide Notice Inviting E-Auction
contained in P.R. No. 08504 (District)/2019-20 is
in violation of order dated 27.09.2010 of Hon'ble
National Green Tribunal, Principal Bench New
Delhi passed in Original Application No. 66/ 2019
(EZ) whereby and where under the Hon'ble
National Green Tribunal has directed that Clause 5
(i) of Bihar Sand Mining Policy 2019 shall not be
acted upon; and also order dated 06.09.2019 of the
Hon'ble National Green Tribunal, Principal Bench
New Delhi passed in Original Application No.
53/2019 (EZ) whereby and where under the
Hon'ble National Green Tribunal, had directed that
Clause 5(ii) of Bihar Sand Mining Policy 2019
shall not be acted upon, and thus completely
unworkable.
iii) Consequent upon grant of relief no. 1(i) and
1(ii), to issue a further writ order or direction in
the nature of mandamus commanding the
Respondents to defer the settlement process under
Notice Inviting E-Auction dated 28.09.2019 till
final adjudication O.A. No. 53 2019 (EZ) and
O.A. No. 66/2019(EZ) pending before the Hon'ble
National Green Tribunal.
iv) This Hon'ble Court may adjudicate and hold
that the exercise to settle individual reaches of
rivers in a district separately, is contrary to the
judgment rendered by the Hon'ble Apex Court in
the case of Deepak Kumar & Ors Vs State of
Patna High Court CWJC No.21735 of 2019 dt.12-12-2022
Haryana & Ors [2012 (4) SCC 629] which
mandates the preparation of comprehensive
mining plan for contiguous stretches of mineral
deposits by the state governments and also the
order/judgements of the Hon'ble National Green
Tribunal.
v) To grant any other relief or reliefs which the
Petitioner may be found entitled to in the facts and
circumstances of the case."
Learned counsel for the petitioner, under instruction,
states that, in view of the intervening developments, the present
petition has become infructuous. As such, petitioner may be
permitted to withdraw the present petition.
Prayer allowed.
Petition is disposed of as withdrawn as having
become infructuous.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Saurabh/P.K.P.
AFR/NAFR
CAV DATE
Uploading Date 13.12.2022
Transmission Date
