Patna High Court
Ranjan SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The court held that, having been voluntarily withdrawn by the petitioners, the writ petition stands disposed as withdrawn.
Summary
The petitioners, three residents of Arwal district, filed a writ petition seeking a mandamus to restrain the State of Bihar and its agencies from granting environmental clearance to a sand mining project operated by M/s Raj Mahal Traders. They alleged that the authorities had ignored objections raised by local residents during a mandatory public hearing, violating principles of natural justice and the guidelines of the Environment Impact Assessment Notification No. S.O. 1533 (2006) and a 2024 TDR proposal. The petition also requested a stay on any loading or unloading activities at the sand ghat to protect schoolchildren and elderly residents. During the hearing, the petitioner's counsel indicated that the matter had become infructuous and sought to withdraw the petition. The court accepted the withdrawal and disposed of the writ petition as withdrawn, with no further orders.
Issues considered
- Whether the authorities should be restrained from issuing environmental clearance for the sand mining project without addressing objections raised in the public hearing.
- Whether a writ of mandamus is an appropriate remedy in the circumstances.
Subjects
- environmental clearance
- sand mining
- public hearing
- natural justice
- writ of mandamus
- withdrawal of petition
- environmental law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13092 of 2025
======================================================
1. Ranjan Singh S/o Sri Pramod Singh, Resident of- Village - Madan Singh ka
Tola, P.O. Sakari Chouki, P.S. Arwal, Madan Singh ka Bigha, District -
Arwal, Bihar-804401.
2. Ambika Kumar S/o Sri Prithvi Singh, Resident of Village- Aslanpur Kutiya,
P.O.- Sakari Chouki, P.S. - Arwal, District- Arwal, Bihar-804401.
3. Subash Paswan S/o Sri Kamla Paswan, Village - Tola Per, P.S. - Arwal,
Sonebarsa, District- Arwal, Bihar-804401.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Environment and
Forest and Climate Change Department , Government of Bihar, Patna.
2. The Joint Secretary - cum- Director, Directorate of Mines and Geology,
Vikas Bhawan, Bailey Road, Patna.
3. The Collector, District - Arwal.
4. The Deputy Collector (Departmental Enquiry), District Arwal.
5. The Member Secretary, State Environment Impact Assessment Authority
(SEIAA), Bihar, SEIAA, Beltron Bhawan, Shastri Nagar, Patna - 800023.
6. The Member Secretary, Bihar State Pollution Control Board, Parivesh
Bhawan, N.S-B/2, Patliputra Industrial Area, Post-Sadaqat Ashram, Patna-
800010.
7. The Regional Officer, Bihar State Pollution Control Board, Gaya.
8. M/s Raj Mahal Traders through the Applicant Sri Ram Kumar Singh, S/o
Late Parmeshwar Singh, R/o Ground Floor 947, Beja Mahto, Rasikpur
Chowk, P.O- Dumka, District Dumka, Jharkhand.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Mandal, Advocate
For the Respondent/s : Mr.Standing Counsel (21)
For the Mines : Mr. Naresh Dixit, Advocate
For respondent no.5 : Mr. Kumar Ravish, Advocate
For respondent no.6 : Mr. Abhimanyu Singh, Advocate
For respondent no.8 : Mr. Vijayansh Pratap Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
8 02-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
Patna High Court CWJC No.13092 of 2025(8) dt.02-04-2026
2/4
(i) for issuance of Writ of Mandamus or any
other appropriate Writ/Writs, Order/Orders,
direction/ directions thereby restraining the
Respondents authorities especially the
Respondent Nos. 5 and 6 from issuance of
Environmental Clearance (EC) on an
application submitted by the Respondent No.
8 for the purpose of loading/unloading of
sand at the allotted sand mining project site
i.e. Arwal Sone River Sand Ghat - 03
(Aslampur Dulla-02), Tehsil Arwal, District
Arwal, which was processed by the
Respondent No. 5 and 6 on the basis of the
Enquiry report submitted by the Respondent
Nos. 4 and 7 without considering and
resolving the issues/objections as raised by
the petitioner and other local residents of the
site in a mandatory provisions of Public
Hearing held on 03.03.2025, which is a
blatant and brazen defiance of the principles
of natural justice in addition to the
guidelines issued vide Environment Impact
Patna High Court CWJC No.13092 of 2025(8) dt.02-04-2026
3/4
Assessment Notification No. S.O. 1533 dated
14.09.2006 and TDR Proposal No.
SIA/BR/MIN/490377/2024 dated 08.08.2024
by the Ministry of Environment, Forest and
Climate Change, Government of India;
(ii) further, a direction in the nature of Writ
of Mandamus may kindly be issued/passed
directing the Respondent authorities to mull
and ruminate and resolve the objections as
raised by the local residents/petitioners in
all verbatim and semantics as assured by the
Respondents in the Public Hearing and till
then, the loading/unloading of sand or any
vehicles activities at or nearby the said sand
mining project site or in the village i.e.
Arwal Sone River Sand Ghat-03 (Aslampur
Dulla-02), Tehsil -Arwal, District - Arwal,
for the sake of safety of the school going
toddlers and fledgling children as well the
old aged local people/residents, may kindly
be stayed;
(iii) any other relief/reliefs, order/orders for
Patna High Court CWJC No.13092 of 2025(8) dt.02-04-2026
4/4
which the Petitioners are entitled on the
facts and circumstances of the case, may be
passed by this Hon'ble Court.
3. Learned counsel for the petitioner submits that the
matter has become infructuous and as such he may be permitted
to withdraw the petition.
4. Accordingly, the writ petition is disposed of as
withdrawn.
5. The I.A., if any, also stands disposed of.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…