Created by Fuzzy Cloud

Patna High Court

Kuladip Prasad YadavversusBihar Rajya,

Decided
Disposal
DISPOSED

Holding

The Court held that the order dated 23 November 2020 has been complied with, and therefore the petition is disposed.

Summary

Petitioner Kuladip Prasad Yadav filed an application alleging that the respondents had not complied with the High Court's order dated 23 November 2020 in CWJC No. 9110 of 2018, which required the Zila Samaharta of Nawada to consider a representation within four weeks and allowed the petitioner to pursue alternative remedies. The petitioner subsequently approached the National Green Tribunal, which dismissed his application. The respondents filed a show‑cause statement indicating that the Superintendent of Police and the Mineral Development Officer had taken steps to curb illegal sand mining, including forming raid teams and issuing directives. The Court examined these statements and concluded that the directions of the 2020 order had been fulfilled. Consequently, the Court held no further order was necessary and disposed of the petition.

Issues considered

  • Whether the respondents complied with the High Court's order dated 23 November 2020 directing consideration of the representation within four weeks.
  • Whether any further contempt or remedial order is required in view of the steps taken by the police and mineral department.

Subjects

  • illegal sand mining
  • contempt of court
  • compliance of court order
  • environmental law
  • National Green Tribunal
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1572 of 2025
                                                        In
                                 Civil Writ Jurisdiction Case No.9110 of 2018
                 ======================================================
                 Kuladip Prasad Yadav Son of Late Faudi Yadav, R/o Jamuawa, Post-
                 Kadirganj, P.S.- Kadirganj, District- Nawada.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    Bihar Rajya, Bihar Sarkar, Patna Sri Bharat Bhushan Prasad.
           2.    Uppar Mukhya Sachiv, Khan Yevam Bhutatav Vibhag, Bihar Sarkar, Patna
                 Sri Harjit Kaur.
           3.    Uppar Mukhya Sachiv, Van Yevam Pryavaran Vibhag, Bihar Sarkar, Patna
                 Sri Deepak Kumar.
           4.    Zila Samaharta, Nawada Sri Ravi Prakash.
           5.    Anumandal Padadhikari, Nawada, Sri Akhilesh Prasad.
           6.    Police Adhikashak, Nawada, Sri Adhinav Dhiman.
           7.    Zila Khanan Padhadhikari, Nawada, Sri Pratyay Aman.
           8.    Khan Nirichak, Khanan Karayalay Nawada, Sri Apurv Singh.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Indradeo Prasad, Advocate
                 For the Opposite Party/s :    Mr. Government Advocate 7
                 For Mine Department :         Mr. Naresh Dikshit, Spl. PP Mines
                                               Ms. Kalpana, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   07-07-2026                    Heard learned counsel for the parties.

                                2. The present application has been preferred by the

                   petitioner     alleging    non-compliance       of   the    order     dated

                   23.11.2020 passed by a co-ordinate Bench of this Court in

                   CWJC No. 9110 of 2018 wherein following directions have

                   been issued:
Patna High Court MJC No.1572 of 2025(6) dt.07-07-2026
                                            2/3




                                     "After the matter was heard for
                          some time, learned counsel for the petitioner
                          submits that petitioner shall be content if a
                          direction is issued to respondent no.4 to
                          consider and decide the representation
                          (Annexure-2), within a period of four weeks.
                                     Learned counsel for the respondents
                          states that the representation (Annexure-2)
                          shall be dealt with in accordance with law,
                          expeditiously and positively within a period of
                          four weeks from the date of receipt of a copy
                          of this order.
                                     Equally, liberty is reserved to the
                          petitioner to take recourse to such alternative
                          remedies as are otherwise available in
                          accordance with law.
                                     We are hopeful that as and when
                          petitioner takes recourse to such remedies, as
                          are otherwise available in law, before the
                          appropriate forum, the same shall be dealt
                          with, in accordance with law and with
                          reasonable dispatch."

                       3. In pursuance to the liberty granted to the petitioner

          vide order dated 23.11.2020, the petitioner had preferred

          Original Application No. 70/2023/EZ before the National Green

          Tribunal, Eastern Zone Bench, Kolkata,which came to be

          dismissed vide order dated 02.08.2023.

                       4. A show cause has been filed on behalf of opposite

          party Nos. 4 to 7 wherein following statements have been made

          in paragraph Nos. 8 and 9:

                                   "8. That in the meantime, in
                          compliance of Hon'ble Court's order and to
           Patna High Court MJC No.1572 of 2025(6) dt.07-07-2026
                                                       3/3




                                     curb the organized illegal of sand from the
                                     Sakari river, the Superintendent of Police,
                                     Nawada has constituted raid teams in two
                                     roaster fixing date on which the aforesaid
                                     team shall visit the area and in a "S drive"
                                     will prepare a report. The Superintendent of
                                     Police, Nawada vide Letter No.254 dated
                                     08.05.2025 has issued such direction to check
                                     the illegal excavation of minerals in the area.
                                                9. That further the Mineral
                                     Development Officer, Nawada has also issued
                                     office order contained in Memo No.958 dated
                                     10.05.2025 and has directed the Mines
                                     Inspector of the district to cooperate in the "S
                                     Drive" conducted under the supervision of the
                                     Superintendent of Police, Nawada."



                                  5. Considering the statements as referred above, this

                     court is of the view that no further order is required to be passed

                     in the present matter as the order under contempt has already

                     been complied with.

                                  6. Accordingly, the present application stands

                     disposed of.

                                  7. Pending application(s), if any, shall also stand

                     disposed of.

                                                 (Sudhir Singh, J)


                                             ( Ranjan Kumar Jha, J)
rishabh/rajesh
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.