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
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