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Allahabad High Court

DEV NARAYAN CHAUHANversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court held that the petitioner must approach the Pollution Control Board for relief and dismissed the writ petition.

Summary

The petitioner, Dev Narayan Chauhan, filed a writ petition seeking a mandamus directing the removal of a poultry farm operated by respondents 5 and 6, alleging severe pollution, and also sought an order compelling the District Magistrate to decide his complaint within a fixed period. The court examined the grievance and noted that the appropriate remedy for environmental pollution is to approach the Pollution Control Board. No statutory provision or precedent was cited to justify a mandamus in this context. Consequently, the court dismissed the petition, directing the petitioner to pursue relief before the Pollution Control Board. The writ petition was therefore disposed of.

Issues considered

  • Whether the High Court can issue a mandamus directing the removal of a poultry farm alleged to cause pollution
  • Whether the High Court can direct the District Magistrate to decide a complaint within a stipulated time

Subjects

  • environmental law
  • pollution
  • writ of mandamus
  • pollution control board
  • public nuisance

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 36953 of 2026

                                    Dev Narayan Chauhan
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 5 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Shitlesh Pandey
                                    Counsel for Respondent(s)                          :    C.S.C., J.N. Maurya

                                    Court No. - 29
                                                         HON'BLE SIDDHARTHA VARMA, J.
                                                         HON'BLE KUNAL RAVI SINGH, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for the
                                    Stated and learned counsel appearing for the private respondents.

                                    2. This writ petition has been filed for the following reliefs:

                                    "A. Issue a writ, order or direction in the nature of mandamus commanding the
                                    authority concern to remove the "Poultry Farm" operated by respondent Nos. 5 and 6
                                    just adjacent to House of Petitioner at Village Naraksh (Habsaha) Post-
                                    Chintamanipur, Tehsil-Rasra, District-Ballia.

                                    B. Issue a writ, order or direction in the nature of Mandamus commanding the
                                    District Magistrate, Ballia to decide the complaint/ representation of the petitioner
                                    dated 27.02.2026, pending before him, within a stipulated period as fixed by this
                                    Hon'ble Court."

                                    3. From the perusal of the writ petition it appears that the petitioner is
                                    aggrieved by the fact that the respondents no. 5 and 6 are running a poultry
                                    farm in the neighbourhood of the petitioner. Learned counsel for the
                                    petitioner states that the running of the poultry farm causes severe pollution.

                                    4. If that is the case then the petitioner can avail the appropriate remedy of
                                    approaching the Pollution Control Board.

                                    5. The writ petition is, accordingly, disposed of.

                                    September 16, 2026
                                    M.S. Ansari
                                                                        (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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