Patna High Court

Md. AbulaishversusThe State Of Bihar and Ors

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The court disposed of the petition, directing the petitioner to approach the Pollution Control Board afresh for a fresh enquiry.

Summary

The petitioner, Md. Abulaish, filed a writ petition seeking a certiorari to quash a letter dated 6‑12‑2017 issued by the Regional Office of the Bihar State Pollution Control Board and a mandamus directing the respondents to restrain a brick kiln operated by Moti Sah. The petition also requested the court to order the brick kiln’s removal from the specified land. The court directed the petitioner to file a supplementary affidavit detailing the land dimensions and the number of trees on the land, which the petitioner failed to do. The Pollution Control Board’s counter‑affidavit indicated that the brick kiln could be situated at least 400 metres from the orchard, suggesting possible compliance with guidelines. Consequently, the court disposed of the application, granting the petitioner liberty to approach the Pollution Control Board afresh for a fresh enquiry, and left the final order to the Board depending on its findings.

Issues considered

Whether the letter No. 1679 dated 6‑12‑2017 issued by the Pollution Control Board should be quashed.
Whether the brick kiln operated by respondent No.7 violates environmental guidelines and should be restrained by the court.

Subjects

environmental law
pollution control board
brick kiln
certiorari
mandamus
land dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4680 of 2018
                 ======================================================
                 Md. Abulaish Son of Sekh Nuruddin, Resident of Village-Dhovani, P.S. Sathi,
                 District-West Champaranb.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar and Ors
           2.    The Regional office of Bihar State Pollution Control Board, Muzaffarpur
                 through the regional Office
           3.    The State of Bihar through the Secretary, of the Home Department, Patna.
           4.    The District Magistrate, West Champaran.Bettiah.
           5.    The Sub-Divisional Officer, Narkatiyaganj, West Champaran.Bettian.
           6.    The District Mining Officer, West Champaran, Bettiah.
           7.    Moti Sah Son of Shivraj Sah, Resident of Village-Belawa, P.S.-Sathi,
                 District-West Champaran, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Gauri Shankar Thakur, Advocate
                 For the Respondent/s   :     Mr.Anant Pd. Singh- SC15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   20-01-2026                 Heard the parties.

                               2. The petitioner has moved the Court for the

                   following reliefs:

                                           “That this writ petition is being filed
                                for a issuance a writ order or direction in the
                                nature certiorari to quash the letter no. 1679
                                dated 6.12.2017 as passed by the respondent
                                no.2 and for issuance a direction in the nature of
                                mandamus commanding the respondents to
                                restrain the brickkiln of Sahoo proprietor of
                                respondent no. 7 situated at Thana No. 492,
                                Khata No. 6. Mauja- Hichhopal, P.S.-Sathi,
                                District West Champaran and/or to pass such
                                appropriate order by which the petitioner is
                                entitled.”
           Patna High Court CWJC No.4680 of 2018(7) dt.20-01-2026
                                                       2/2




                                 3. The petitioner was directed to file a supplementary

                     affidavit vide order dated 06.01.2026 regarding the dimension

                     of land in question in the present writ along with the fact as to

                     how many trees are planted in the aforesaid land in question,

                     which has not been done.

                                 4. From the counter affidavit of the Pollution Control

                     Board, it appears that that the Pollution Control Board has said

                     that the brickklin could have been established at a distance of

                     400 metres from the orchard.

                                 5. In these circumstances, this application is disposed

                     of with liberty to the petitioner to approach the Pollution

                     Control Board afresh. If the Pollution Control Board during

                     enquiry finds that the brickklin is not in accordance with the

                     guidelines, it will pass an order in accordance with law. If the

                     brickklin is found to be running in accordance with the

                     guidelines, appropriate order shall be passed.


                                                                    (Sandeep Kumar, J)

P. Kumar

U

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