Amrendra Singh vs The State Of Bihar
2023 Latest Caselaw 4048 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5681 of 2023
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Amrendra Singh, Son of Anirudh Singh, Resident of Village- Rampur Khajuriya, Post Office- Rampur, Police Station- Dumariya Ghat, District- East Champaran at Motihari.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Cum Mines Commissioner, Department of Geological, Government of Bihar, Patna.

2. The Principal Secretary cum Mines Commissioner, Department of Geological, Government of Bihar, Patna.

3. The Mines Development Officer, East Champaran at Motihari.

4. The Mines Inspector, the office of the District Mining Office, East Champaran at Motihari.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Neelam Kumari, Advocate For the Mines Department : Mr. Naresh Dixit, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 25-08-2023

Heard Mr. Sanjay Kumar, learned counsel appearing

on behalf of the petitioner and Mrs. Neelam Kumari, learned

counsel representing the State. Mr. Naresh Dixit, learned Spl.

P.P. Mines Department, is also present.

2. The petitioner by invoking the extra ordinary

jurisdiction of this Court under Article 226 of the Constitution

of India seeks quashing of the order as contained in Letter No.

234 dated 20.02.2023 issued under the signature of Mines

Development Officer, East Champaran at Motihari whereby, a

direction has been given to close the operation of petitioner's Patna High Court CWJC No.5681 of 2023 dt.25-08-2023

brick kiln, operating in the name of M/s Bajrang Int Udyog on

the ground that the Government school is situated within five

meters of the said brick kiln and, it is already situated within the

habitation area.

3. Learned counsel appearing on behalf of the

petitioner submits that after completing all the paraphernalia and

having been obtained the certificate from the Bihar State

Pollution Control Board for establishment of a brick kiln on a

land taken on lease appertaining to Khata No. 186, Plot No. 357,

Thana No. 201 at Mauza Purbipakari, the petitioner was granted

permit from Department of Mines and accordingly, the brick

kiln in the name of M/s Bajrang Int Udyog was established. He

further submits that the permit duly issued by the Department of

Mines, as contained in Annexure - 3, was subsequently

extended time to time and lastly the permit was extended for the

period 2022-2023. While the brick kiln was under operation, in

the meantime, it appears that on a complaint of some

unscrupulous person, an inspection was conducted by the Mines

Inspector, East Champaran, Motihari that too without giving any

notice and information to the petitioner and a report has been

submitted before the District Mines Officer, East Champaran at

Motihari. The aforenoted report submitted by the Mines Officer Patna High Court CWJC No.5681 of 2023 dt.25-08-2023

as contained in Annexure - 7 is suggestive of the fact that on the

north side of the brick kiln, there is a Government school.

4. Taking note of the aforesaid inspection report, the

Mines Development Officer, East Champaran at Motihari came

out with the letter as contained in Letter No. 234 dated

20.02.2023 as contained in Annexure - 8. Bare perusal of the

impugned letter dated 20.02.2023, it appears that the brick kiln,

in question, has been constructed just within five meters of the

Government school and the same is situated within the

habitation area, which led to the direction for closure of the

brick kiln and further directed the petitioner to shift his brick

kiln to different place, after obtaining fresh certificate of

CTE/CTO from the Bihar State Pollution Control Board.

5. Mr. Kumar, learned counsel for the petitioner

further drew the attention of this Court to the inspection report

as well as the impugned order as contained in Letter No. 234

dated 20.02.2023 and vehemently submitted that not only the

inspection has been done behind the back of the petitioner,

rather the impugned order passed by the District Mining Officer

is in complete violation of the principles of natural justice as the

same has been passed without affording him any opportunity of

hearing nor even a show-cause notice has been served upon the Patna High Court CWJC No.5681 of 2023 dt.25-08-2023

petitioner. That apart, the same is based on incorrect facts.

6. Learned counsel representing the Mines

Department though refuted the contention of the petitioner with

regard to the fact that the brick kiln is not situated adjacent to

the school but unable to satisfy this Court, as to whether before

passing of the impugned order, as contained in Annexure - 8,

the petitioner has been served with a show-cause notice or he

has been provided any opportunity of hearing.

7. Considering the submissions made on behalf of the

parties and on perusal of the materials on record, prima facie, it

appears that the impugned order has been passed without any

show-cause notice or opportunity of hearing to the petitioner

and on this score alone, the impugned order is fit to be set aside

and cancelled. Any order, having effect of causing prejudice to

the right or entitlement of a person, must be in consonance with

the principle of natural justice. It is trite law that no person shall

be condemned unheard.

8. Accordingly, the impugned order as contained in

Letter No. 234 dated 20.02.2023 is hereby set aside. The

respondent no. 3 (The Mines Development Officer, East

Champaran at Motihari) is directed to make fresh spot

inspection after giving proper notice or opportunity of hearing Patna High Court CWJC No.5681 of 2023 dt.25-08-2023

to the petitioner, before taking final decision in the matter. The

aforesaid exercise must be completed within a period of three

months from the date of receipt/production of a copy of this

judgment.

9. Accordingly, the present writ application stands

allowed.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          28.08.2023.
Transmission Date       NA