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Patna High Court

Anirudh Kumar @ Anirudh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A public interest litigation is not maintainable when a competent authority is already adjudicating the matter under the relevant statutory provisions.

Summary

The petitioner, Anirudh Kumar, filed a writ petition seeking the closure of M/s Balaji Enterprises, alleging it produced duplicate cement under an emery powder licence and caused pollution. The petition demanded seizure of the factory’s accounts, implementation of prior closure orders, cancellation of the licence, and an inquiry into the factory’s operations. The court noted that the Pollution Control Board had already issued a notice under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, proposing closure and allowing objections. Since a competent authority was actively adjudicating the matter, the court held that the public interest litigation was not maintainable. Consequently, the petition was dismissed.

Issues considered

  • What is the maintainability of a public interest litigation when a competent authority is already proceeding under the Air (Prevention and Control of Pollution) Act, 1981?

Legislation cited

Subjects

  • public interest litigation
  • environmental law
  • pollution control
  • factory closure
  • license cancellation
  • Air (Prevention and Control of Pollution) Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3916 of 2026
                 ======================================================
                 Anirudh Kumar @ Anirudh Kumar Singh S/o Late Prabhnarayan Singh,
                 Resident of Lanka Kachhuara, P.S. Gaurichak, District- Patna, at present
                 address- Rajendra Nagar, Road No. 13B, Patna.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Laghu Udyog Department of Bihar, Patna (Bihar).
           3.    The Principal Secretary/ Director Pollution Department, Bihar.
           4.    Director of Udyog, Bihar, Patna-1.
           5.    District Magistrate, Patna.
           6.    Director General of Police, Bihar, Patna.
           7.    Senior Superintendent Police, Patna.
           8.    The Sub Divisional Magistrate, Patna Sadar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Kameshwar Singh, Adv.
                 For the Respondent/s   :        Mr. P.K. Shahi, AG
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   25-03-2026                 The instant writ petition, has been filed praying for

                   the following relief(s):-

                                                        “I. For directing the respondent
                                            authorities to take appropriate steps for quick
                                            action and seize the factory accounts of the illegal
                                            factory, which is producing duplicate cement from
                                            damaged/expired cement under the guise of an
                                            emery powder license.
                                                        II. For commanding respondent no. 3
                                            (Pollution Department) to implement the findings
                                            of the inquiry as per Letter No. 1591/20 dated
                                            05.08.2020 and the factory closure orders dated
                                            05.11.2020 as per Letter No. 1181 dated
                                            23.08.2021, as the factory has illegally reopened
Patna High Court CWJC No.3916 of 2026(3) dt.25-03-2026
                                            2/3




                                   under the same situation.
                                                III. For directing respondent no. 3 to
                                   cancel the license issued for producing "emery
                                   powder" and to close the factory on account of
                                   pollution, which is established on disputed land.
                                                IV. For directing the authorities to
                                   start an inquiry into Balajee Enterprises (Factory)
                                   vide order dated 28.01.2025 passed by the Addl.
                                   Member, Board of Revenue, Bihar, in Appeal
                                   (Pollution) Case No. 9/2023, which found that the
                                   factory was producing duplicate cement from
                                   frozen cement while having an emery powder
                                   license and no emery powder material was found.
                                                V. For commanding the respondent
                                   authorities (Pollution Department) to take quick
                                   action, as the factory’s operations create noise and
                                   air pollution, creating problems to the
                                   surrounding people.”


                      2. From perusal of Annexure-11, it appears that upon

          receipt of the representation, an inquiry was initiated by the

          competent authority. The unit in question, namely M/s Balaji

          Enterprises, has not been made a party respondent in the present

          matter. From the materials on record, it further appears that the

          said unit was inspected and certain deficiencies were found.

          Consequently, on 16.10.2025, the Chairman, Bihar State

          Pollution Control Board, in exercise of powers under Section

          31A of the Air (Prevention and Control of Pollution) Act, 1981

          (for short ‘the Act of 1981’) issued a notice to M/s Balaji

          Enterprises proposing closure of the unit and granting an

          opportunity to submit objections, if any, within 15 days from the

          date of receipt of the notice.
          Patna High Court CWJC No.3916 of 2026(3) dt.25-03-2026
                                                      3/3




                                3. In view of the fact that a competent authority is

                    adjudicating the matter and a notice has already been issued in

                    accordance with the provisions of the Act of 1981, this Public

                    Interest Litigation is not maintainable.

                                4.Accordingly, the same stands dismissed.



                                                     (Sangam Kumar Sahoo, CJ)


                                                        (Harish Kumar, J)
rohit/-

U


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