IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6923 of 2008 RAM KRISHNA SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. R.K.Giri, Adv. Mrs. Amita Roychoudhury, Adv. For the Respondents : Mr. Prabhu Narayan Sharma, JC to GA-9 ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 15th July, 2008. The writ petition is in the nature of public interest litigation. The petitioner has prayed for the following reliefs: - “I. To issue a writ of mandamus commanding the respondents to dismantle the illegally constructed road which cuts across the Nan- Sagar Koilwar embankment. II. To issue a writ of mandamus commanding the Respondents to reconstruct the said river embankment which has been severely damaged by the illegal construction of the road by the greedy anti-social illegal miners. III. Any other relief, which your Lordships may deem fit and proper and for which the petitioner is entitled in the eyes of law.” 2. From perusal of averments made in the writ petition, it transpires that a F.I.R. has been lodged with regard to illegal cutting of Nan-Sagar embankment near Koilwar. It also transpires that in earlier writ petition being C.W.J.C. No. 10138/2004, the direction has been issued to the Collector and Superintendent of - 2 - Police of Patna and Bhojpur districts to take all precautionary measures with regard to protection of Koilwar Road-cum-Rail Bridge. 3. According to the petitioner, the villagers have brought to the notice of the concerned authorities about the illegal mining in the protected area and cutting of Nan-Sagar embankment. But when nothing has been done, he has been compelled to file the present writ petition in the nature of public interest. 4. Counter affidavits have been filed on behalf of the District Magistrate, Bhojpur, the Superintendent of Police, Bhojpur, the District Magistrate, Patna and the Superintendent of Police, Patna. 5. The District Magistrate, Bhojpur in his affidavit has categorically stated that no illegal mining, transportation and storage of sand from the protected area is undertaken by the settlee or by anti-social element. With regard to Nan-Sagar embankment near Koilwar, it is emphatically stated that river embankment is intact and is not damaged/being damaged. It is stated that regular inspection of the area is being done by the Assistant Director, District Mining Officer, Bhojpur. Photocopies of the reports have been placed on record. 6. The Superintendent of Police, Bhojpur, in his counter affidavit, has stated that mining activity in the area 2000 Ft. south and 1000 ft. north of Koilwar Road-cum-Rail Bridge has been banned and the order of the High Court passed in C.W.J.C. No. 10138/2004 on 10.9.2004, is being scrupulously followed. As regards - 3 - the police case, the Superintendent of Police, Bhojpur has stated that Koilwar P.S. Case No.130/2007, has been registered against unknown person and the place of occurrence does not fall in restricted area. He has, however, stated that during the course of investigation, it was found that one Dhirendra Pratap Singh @ Karu Singh has made the approach road in Nan-Sagar Bandh by strengthening the Bandh from both the sides. For that charge-sheet has been filed against Dhirendra Pratap Singh @ Karu Singh. A very startling fact has been revealed by the Superintendent of Police, Bhojpur in his affidavit that petitioner is none else but erstwhile partner of Dhirendra Pratap Singh @ Karu Singh and now Dhirendra Pratap Singh @ Karu Singh and the petitioner having fallen apart, the present litigation has been filed for an action against Dhirendra Pratap Singh @ Karu Singh in the garb of public interest litigation. 7. The District Magistrate, Patna, in his affidavit, has stated that no illegal mining is being done and the settlee of the Sand Ghat of the Koilwar River has been specifically directed that mining of sand will not be done from the protected area i.e. 2000 ft. south and 1000 ft. north of the Koilwar Road-cum-Rail Bridge. The district administration are alive to the earlier direction of this Court and has taken all steps to ensure that illegal mining activity (of sand) does not take place. 8. The affidavit of Superintendent of Police, Patna is also to that effect. Pursuant to the earlier order of this Court dated 10th September, 2004, according to him, regular monitoring is being - 4 - done; compliance reports thereof have been placed on record. 9. What appear to us is that this writ petition is not pro bono publico. The writ petition seems to have been filed with one objective and that objective is to settle score with his erstwhile partner, Dhirendra Pratap Singh @ Karu Singh. The writ petition is frivolous and an abuse of process of Court. There is no cut in Nan- Sagar embankment near Koilwar, in the district of Bhojpur as that has been specifically asserted by the Superintendent of Police. The District Magistrate, Bhojpur has firmly stated in his affidavit that there is no illegal mining, transportation or storage of sand from the protected area. The river embankment is intact and there is no damage/being damaged. The inspection reports done by Assistant Director, District Mining Officer, Bhojpur have been placed on record. We have no justifiable reason to reject the statement of the District Magistrate, Bhojpur. 10. For all what we observed above, this writ petition is frivolous and an abuse of process of Court and we impose a cost of Rs.5,000/- (Five thousand) upon the petitioner to be deposited with the Registry of this Court within two months from today. Upon such cost being deposited, the Registrar General of this Court shall transfer this amount to the Bihar State Legal Services Authority. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-