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Patna High Court

Ranjan SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The court held that, having been voluntarily withdrawn by the petitioners, the writ petition stands disposed as withdrawn.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 The court accepted the withdrawal and disposed of the writ petition as withdrawn, with no further orders.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
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                                  (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
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                                  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
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                                           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


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