Madhya Pradesh High Court
M/S Maa Bhagwati Traders Through Prop. ... vs The State Of Madhya Pradesh on 6 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
HIGH COURT OF MADHYA PRADESH BENCH AT
GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
WRIT PETITION NO.16408/2025
M/S AMARNATH TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16401/2025
M/S VAISHNAVI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16405/2025
M/S KHUSHI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
2 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
WRIT PETITION NO.16406/2025
M/S SHIVA TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16496/2025
M/S MAA KAILADEVI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16497/2025
M/S KRISHNA AND SONS TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16505/2025
M/S DEEPAK TRADERS
VS.
3 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16506/2025
M/S NANDANI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16508/2025
M/S MAA BHAGWATI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
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Appearances:-
Shri Sunil Kumar Jain and Shri Akshat Kumar Jain -
Advocates for the petitioner.
Shri Vivek Khedkar - Additional Advocate General with Shri
Sohit Mishra - Government Advocate for the respondents/ State.
Shri Harish Dixit - learned Senior Advocate with Shri Nimesh
Hardeniya - Advocate for respondent No.5.
Shri Vineet Saxena - Advocate for respondent No.6.
-----------------------------------------------------------------------------------
ORDER
4 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
Delivered on 6th Day of October, 2025
1. Regard being had to similitude of the controversy, all the
petitions were heard analogously and are decided by a common
order. For convenience's sake, facts of W.P. No.16408/2025 are taken
into consideration.
2. All the petitions are preferred by the petitioners under Article
226 of the Constitution of India being aggrieved by the order dated
24/04/2025 seeking following reliefs:-
"1. Allow the Writ Petition filed under Article 226
of the Constitution of India;
2. Issue a writ in the nature of Mandamus
quashing order vide annexure P-1 dated 24-04-
2025;
3. Issue any other writ, order or direction as this
Hon'ble Court deems fit.
4. Allow the cost of the petition."
3. Precisely stated facts of the case are that present petitioner is
running a Micro Industry (ककटटीर उददद्योग) under the scheme of M.P.
5 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
Self Employment for processing agricultural product (Groundnut
Decorticating) at agriculture field at remote area nearby village
Bhonti on Mahoba Road, Shivpuri.
4. As submitted, petitioner took all necessary permissions from
Village Panchayat, State Pollution Control Board after diversification
of the land other than agriculture and established Micro Industry, as
referred above. According to counsel for the petitioner, it has
installed necessary Filters, Water Sprinkler System and Shed to
control dust.
5. Under the direction of Central Pollution Control Board under
Section Section 18(1)(B) of the Water (Prevention and Control of
Pollution) Act, 1974, the State of Madhya Pradesh/ respondent issued
certain guidelines and on the basis of Enviornment Pollution Index
(EPI), a notification was issued and Industries have been marked as
'Red', 'Green' and 'White' etc. Groundnut decorticating industry is
kept in the category of 'White Industries', where level of pollution
remains very less or negligible and by putting some precautions, no
6 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
impact of pollution arouses.
6. As submitted, one Upendra Bhargava / respondent no.6 against
whom, several criminal cases are registered at various police stations
and in one of the case, he has been sentenced to suffer 05 years'
incarceration for the offence under Section 409 IPC vide judgment
dated 13/02/2023 passed by Additional Session Judge, Pichore,
District-Shivpuri, tried to extort money illegally from the petitioner
and other industrialists.
7. Petitioner filed a writ petition before this Court in the style of
Public Interest Litigation vide W.P. No.37874/2024, which was
disposed of vide order dated 09/12/2024 with a direction to look into
the matter. In pursuance thereof, a case was registered against
respondent no.6 under Section 152 of BNSS and a notice was issued
seeking reply and for recording statements. It is further submitted
that without considering reply, statements and documents, order
dated 24/04/2025 is being passed by respondent no.3/ SDM, Pichore
which is under challenge.
7 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
8. It is the submission of learned counsel for the petitioner that
order was passed in violation of principles of natural justice. Reply
and prayer of the petitioner has been ignored by the SDM, Pichore
for the reason best known to him. Moreover, right of livelihood
which is enshrined under Article 21 of the Constitution of India is
also violated. It is further submitted that without seeking report from
the State Pollution Control Board as well as Agriculture Department,
which has inspected the premises, the impugned order has been
passed. Provisions as contained under Section 152 of BNSS has not
been followed.
9. Learned counsel for the respondents/ State opposed the prayer.
According to him, it is true that petitioner/ Industry is a Micro
Industry but it has to comply with the provisions of law. Since
petitioner/ industry caused pollution, therefore, action has been taken
against the it.
10. Learned counsel for respondent No.5/ M.P. Pollution Control
Board opposed the prayer and submits that when notice was issued to
8 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
the petitioner/industry by M.P. Pollution Control Board then
petitioner/ industry informed that Air Beg Filter is going to be
installed within one month. Plant was covered with GI Sheet.
11. Petitioner/ industry was again inspected on 02/02/2025 but
filter was not installed. He undertook to install necessary filters/
devices within 15 days, but no installation took place, therefore,
impugned order has been passed.
12. Heard the learned counsel for the parties and perused the
record.
13. In the case in hand, petitioner has challenged the order dated
24/04/2025 passed by SDM, Pichore purportedly under Section 152
of BNSS.
14. Section 152 of BNSS falls under Chapter XI part B-Public
Nuisance. Section 152 contemplates conditional order for removal
of nuisance. For ready reference, Section 152 of BNSS is
reproduced as under:-
"(1) Whenever a District Magistrate or a Sub-
9 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
divisional Magistrate or any other Executive Magistrate
specially empowered in this behalf by the State
Government, on receiving the report of a police officer
or other information and on taking such evidence (if
any) as he thinks fit, considers--
(a) that any unlawful obstruction or nuisance
should be removed from any public place or from any
way, river or channel which is or may be lawfully used
by the public; or
(b) that the conduct of any trade or occupation, or
the keeping of any goods or merchandise, is injurious to
the health or physical comfort of the community, and
that in consequence such trade or occupation should be
prohibited or regulated or such goods or merchandise
should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the
disposal of any substance, as is likely to occasion
10 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
configuration or explosion, should be prevented or
stopped; or
(d) that any building, tent or structure, or any tree is
in such a condition that it is likely to fall and thereby
cause injury to persons living or carrying on business in
the neighbourhood or passing by, and that in
consequence the removal, repair or support of such
building, tent or structure, or the removal or support of
such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any
such way or public place should be fenced in such
manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed,
confined or otherwise disposed of, such Magistrate may
make a conditional order requiring the person causing
such obstruction or nuisance, or carrying on such trade
or occupation, or keeping any such goods or
11 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
merchandise, or owning, possessing or controlling such
building, tent, structure, substance, tank, well or
excavation, or owning or possessing such animal or
tree, within a time to be fixed in the order (i) to
remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or
regulate in such manner as may be directed, such trade
or occupation, or to remove such goods or merchandise,
or
(iii) to regulate the keeping thereof in such manner
as may be directed; or to prevent or stop the
construction of such building, or to alter the disposal of
such substance; or
(iv) to remove, repair or support such building, tent
or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous
12 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
animal in the manner provided in the said order, or, if he
objects so to do, to appear before himself or some other
Executive Magistrate subordinate to him at a time and
place to be fixed by the order, and show cause, in the
manner hereinafter provided, why the order should not
be made absolute.
(2) No order duly made by a Magistrate under this
section shall be called in question in any Civil Court.
Explanation.--A "public place" includes also
property belonging to the State, camping grounds and
grounds left unoccupied for sanitary or recreative
purposes."
15. Perusal of Section 152 of BNSS indicates that Registrar may
pass conditional order requiring the person causing such obstructions
or nuisance or to desist from carrying such occupation etc. However,
Section 153 is succeeded by Section 154. As per Section 154, a
person against whom, such order is made, shall perform, within the
13 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
time in the manner specified in the order, the act as directed thereby.
However, no such direction has been given by the SDM, Pichore in
the present case to perform such functions, therefore, the SDM did
not comply provisions of Section 154 of BNSS. When the very
order is tainted with procedural infirmity then in that condition, this
Court intends to entertain this petition and partly allow the same in
the following manner:-
1. Fifteen days' time is granted to the petitioner in a manner
that it shall install all necessary equipments so as to avoid any
pollution/ nuisance/ dust to the public at large in the vicinity and
after installation within fifteen days, the Pollution Control Board
shall inspect the premises and give its report. If it is found that
petitioner has duly complied with the direction of the M.P. Pollution
Control Board then petitioner shall be at liberty to start the Industry/
Unit again.
2. In case, petitioner does not comply the order, and do not
install the filters/ necessary equipments as directed to be installed by
14 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
the M.P. Pollution Control Board, then petitioner would not avail the
benefit of this order.
3. The M.P. Pollution Control Board and SDM Pichore shall
conclude the proceedings within four weeks in any manner as a
outer-limit, if petitioner install all necessary equipments as required
by the law.
With the aforesaid, the writ petition stands disposed of.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
CHATURVE
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postalCode=474001, st=Madhya Pradesh,
serialNumber=652FE82BC5CAE8153A1E34C3
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D3139, cn=VARSHA CHATURVEDI
Date: 2025.10.06 18:20:10 +05'30'
