AKHOURI PREM KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three petitioners (Petitioner No. 1 is the Secretary of the Bihar Legal Aid Council, High Court campus, Patna and Petitioner Nos. 2 and 3 are resident of village Khaprajola) pray to command Respondent Nos. 1 to 4 to terminate the Mining lease granted in favour of the respondent No. 5 covering part of the land bearing plot No. 162, situated in Mauza Khaprajola, P. S. Pakur (M) in the District of Sahebganj and restrain Respondent No. 5 from carrying its business.

(2.) The petitioners assert that this writ application is being filed by way of public interest litigation on the grounds, inter alia, that the mining done by the respondent No. 5 is causing hazard to the life of persons residing nearby the site of its surface operation and ecological imbalance, which should be prevented ; that the lease was illegally granted by the State of Bihar to Respondent No. 5 ; and that the authorities are sitting tight over the complnint made through Annexure-3.

(3.) In the counter-affidavit, respondent No. 5 asserts denying the allegatigns inter alia, that this writ application has been filed in the garb of a public interest litigation : that the petitioner No. 2 was night guard of the firm of respondent No. 5 till very recently, who after having lost his employment has filed this writ application ; that the petitioner No, 3 was also an employee of respondent No. 5, who is carrying business since 1993, but now himself a quarry owner and carries on similar business under the name and slyle of Bachalal Singh and Brothers after obtaining a mining lease and certificate, as contained in Annexures-C and C/1, and has filed this writ application due to business rivarly ; that Annexure-3 was filed by one Sukurmani before the Deputy Commissioner, Sahibganj, who and petitioner No. 2 reside in the same house No. 43, which is evident from Annexure-D ; that the whole area in surrounded by several firms, which are carrying operations whereas Respondeni No. 5 carries its operation over on about 5 bighas of lands after grant of necessary certificates by the Circle Officer, Pakur, Sahibeanj and clearance by the Bihar State Pollution Control Board vide Annexure-I, as well as other mining authorities but it alone has been made party ; that the lease was correctly granted ; and that accordingly this writ application which has been filed mala fide, is fit to be dismissed. In the counter-affidavit reference has been made in regard to some other writ applications as also other cases, but it is not necessary to refer them.