SHAILENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals are directed against a common order dated 22.10.2003, passed by the learned Single Judge in batch of the writ applications, by which he has rejected the prayer of the appellants to quash the notification dated 21.2.2002, issued under section 3(3) of the Bihar Ancient Monuments and Archaeological Sites Remains and Art Treasures Act, 1976 (hereinafter referred to as the Act), declaring Pretshila hills, an archaeological monuments situated in the town of Gaya as protected area as well as their prayer to restrain the respondent -authorities from preventing them from carrying mining operations on plots no. 1156 under Khata no. 62 (new plot no. 1748) and Plot no. 94 under Khata no. 67 (new plot no. 315), situated in villages Kewali and Aradih, respectively.

(2.) L .P.A. No. 1177 of 2003 arises out of C.W.J.C. No. 5351 of 2002, L.RA. No. 1192 of 2003 arises out of C.W.J.C. No. 13382 of 2002 and L.P.A. No. 1218 of 2003 arises out of C.W.J.C. No. 6902 of 2002. The documents hereinafter will be referred to annexures mentioned in C.W.J.C. No. 5351 of 2002 and the L.P.A. arising out of the said case.

(3.) THE controversy is with regard to declaration of protected area of Pretshila hills. Appellants challenged the inclusion of aforesaid two plots as the protected area, over which they carry on their mining operations.