Patna High Court
Amit Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner should approach the Divisional Forest Officer and file a fresh petition; the present writ petition is therefore disposed.
Summary
The petitioner, Amit Kumar Ray, filed a writ petition seeking a mandamus directing various authorities to enforce closure orders against an illegal sawmill operating within a 10 km eco‑sensitive zone (ESZ) of Kawar Jheel, to relocate the mill, protect his senior‑citizen father's health, and initiate penal proceedings under the Wildlife Protection Act, 1972 and the Air (Prevention and Control of Pollution) Act. The petitioner argued that closure orders dated 13‑06‑2025 and 03‑10‑2025 required enforcement. The State counsel contended that the petition, if allowed, would be taken to its logical end. The Court observed that the reliefs sought could be pursued by filing a fresh petition before the Divisional Forest Officer, who can hear all parties and pass a reasoned order. Consequently, the Court disposed of the writ petition without granting the reliefs.
Issues considered
- Whether the writ petition seeking mandamus to enforce closure of the illegal sawmill should be entertained.
- Whether the petitioner must approach the Divisional Forest Officer for redressal of the grievance.
- Whether the Court should direct initiation of penal proceedings under the Wildlife Protection Act, 1972 and the Air (Prevention and Control of Pollution) Act.
Legislation cited
Subjects
- environmental law
- eco‑sensitive zone
- illegal sawmill
- mandamus
- pollution
- wildlife protection
- public health
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4210 of 2026
======================================================
Amit Kumar Ray Son of Shri Mahendra Prasad Ray @ Mahendra Rai,
Resident of Village-Cheriya Bariyarpur, Ward No. 02, Post Office-Sripur,
P.S.-Cheriya Bariyarpur, District-Begusarai-851132.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Environment, Forest and Climate Change, Government of Bihar, Patna.
2. The District Magistrate, Begusarai.
3. The Divisional Forest Officer (DFO), Begusarai Forest Division, Begusarai.
4. The Bihar State Pollution Control Board, through its Regional Officer,
Patliputra Industrial Area, Patliputra, Patna.
5. The Bihar State Pollution Control Board, through its Regional Officer,
Industrial Area, Barauni, Begusarai.
6. The Circle Officer, Cheriya Bariyarpur, Begusarai.
7. Kanhaiya Sharma (Private Respondent), son of Late Jageshwar Sharma,
Resident of Village-Cheriya Bariyarpur, Panchayat-Sripur, P.S.-Cheriya
Bariyarpur, District-Begusarai (Operation of Illegal Sawmill).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr Brajesh Kumar Singh, Advocate
For the S t a t e : Mr.Addl. Advocate General (07)
Mr Deepak Kr, Advocate
For the B S P C B : M/s Kr Ravish, Rohit Kr, Ayush Kr, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 14-05-2026 Heard the parties.
2 This writ petition has been filed for the following
reliefs:
“(i) For issuance of a writ in the nature
of Mandamus commanding and directing the
respondent authorities, particularly the Divisional
Forest Officer (Respondent No 3), to enforce their
own closure orders (Letter No 1100 dated
13.06.2025 and Letter No 1832 dated 03.10.2025)
and permanently close the illegal sawmill being
operated by respondent No 7 in a densely
Patna High Court CWJC No.4210 of 2026(2) dt.14-05-2026
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populated residential area.
(ii) For further issuance of a writ
directing the administration to ensure the sawmill
is relocated outside the 10 KM Eco-Sensitive Zone
(ESZ) of the Kawar Jheel, as mandated by
departmental notifications.
(iii) For issuance of appropriate
directions to protect the life and health of the
petitioner’s father, a senior citizen and heart
patient, whose health is severely deteriorating due
to noise and the pollution (sawdust) generated by
the respondent's mill.
(iv) For issuance of a writ directing the
initiation of penal proceedings against respondent
No 7 under the Wildlife Protection Act, 1972 and
Air (Prevention and Control of Pollution) Act for
operating in a prohibited Eco-Sensitive Zone
without a valid No Objection Certificate (NOC).
(v) And for any other relief/reliefs for
which the petitioner is found to be entitled in the
eye of law.”
3 After some argument, learned counsel for the
petitioner submits that he may be allowed to approach the
Division Forest Officer, Forest Division, Begusarai for the
redressal of his grievance in the light of Letter No 1100 dated
13.06.2025 as also Letter No 1832 dated 03.10.2025 which
records that within the l0 kilometers area of Kawar Jheel,
considering its echo sensitivity, the saw mills have to be
relocated.
4 Learned State Counsel submits that if such petition
Patna High Court CWJC No.4210 of 2026(2) dt.14-05-2026
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is filed, it will be taken to its logical end.
5 Considering the limited prayer put forward by the
learned counsel for the petitioner allowing him to file a fresh
petition before the concerned respondent who shall be
noticing/hearing all the parties and shall pass a reasoned order in
accordance with law, the writ petition is disposed of.
(Rajiv Roy, J)
M.E.H./-
U
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