Patna High Court
Prakash Mashala Mil vs The State Of Bihar on 5 August, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3868 of 2025
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1. Prakash Mashala Mil through its Proprietor Purushotam Tiwari, Male, aged
about 50 years, S/o Chandrika Tiwari, Resident of Minabazar, Motihari
Town P.S. District- East Champaran.
2. Sagar Mashala Mil, through its Proprietor Pappu Jaiswal, Male, aged about
52 years, S/o Late Jagdish Prasad. Resident of Minabazar, Motihari Town
P.S. District- East Champaran.
3. Manoj Mashala Mil, through its Proprietor Manoj Kumar, Male, aged about
50 years, S/o Late Utim Sah. Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
4. Jyoti Mashala Mil, through its Proprietor Manish Tiwari, Male, aged about
46 years, S/o Satish Tiwari, Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
5. Om Sai Mashala Mil, through its Proprietor Aman Jaiswal, Male, aged about
21 years, S/o Vinit Prasad, Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
6. Anmol Mashala Store, through its Proprietor Bhuli Sah, Male aged about 54
years, S/o Late Bharat Prasad, Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
7. Chandeshwarlal Prasad S/o Late Ramashray Sah. Resident of Minabazar,
Motihari Town P.S. District- East Champaran.
8. Raja Ram Sah S/o Kamlesh Prasad, Resident of Minabazar, Motihari Town
P.S. District- East Champaran.
9. Ajay Mashala, through its Proprietor Ajay Kumar, Male, aged about 48
years, S/o Harendra Prasad, Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
10. Pappu Mashala Mil, Minabajar through its Proprietor Ganesh Prasad, Male,
aged about 52 years, S/o Shri Thakur Prasad, Resident of Minabazar,
Motihari Town P.S. District- East Champaran.
11. Ganesh Prasad S/o Late Jaipal Sah, Resident of Minabazar, Motihari Town
P.S. District- East Champaran.
12. Mahavir Mashala, through its Proprietor Abhishek Jayswal, Male, aged
about 24 years, S/o Vijay Prasad, Resident of Minabazar, Motihari Town P.S.
District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, East Champaran at Motihari.
2. The Chairman, Bihar State Pollution Board, Bihar, Patna.
3. The Secretary, Bihar State Pollution Board, Bihar, Patna.
4. The Sub Divisional Officer, Sadar, Motihari, District- East Champaran.
5. The Circle Officer, Sadar, Motihari, District- East Champaran.
6. The Civil Surgeon, Motihari, East Champaran.
Patna High Court CWJC No.3868 of 2025 dt.05-08-2025
2/5
7. The Chief Factory Inspector, Motihari, East Champaran.
8. The Officer-in-Incharge, Motihari Town P.S., District- East Champaran.
9. Surendra Prasad S/o late Motilal Prasad, Resident of House No. 405, Ward
No. 12, English Kabristan, Hanumangadh, Motihari, P.S.- Town, District-
East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prateek Tandon
For the Respondent/s : Mr.Government Advocate (03)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 05-08-2025
Heard learned counsel for the petitioner, learned
counsel for the Bihar State Pollution Control Board and learned
counsel appearing on behalf of the State as well as learned counsel
for the respondent No.9.
2. The present writ application has been filed by the
petitioner challenging the letter No.138080 dated 01.07.2024 and
the consequent letter No.18 dated 27.01.2025 by which in exercise
of power conferred by Section 31(a) of the Air (Prevention and
Control of Pollution) Act, 1981, the petitioners had been directed
to close the operation of Masala Udhyog with immediate effect
and in default thereof, the Board would be constraint to file
complain under the relevant provisions of the said Act with other
actions under other suitable provisions of Environment Act, 1986.
3. During the course of argument, learned counsel for
the petitioners submits that as a consequence of the above orders
issued by the respondent-authorities, the shop of the petitioners
Patna High Court CWJC No.3868 of 2025 dt.05-08-2025
were forcibly sealed on 06.02.2025. In response to the same, the
petitioner had filed a representation before the Chairman of the
Pollution Control Board on 03.03.2025 (Annexure P/4) in which
the petitioners gave an undertaking that the petitioners are ready to
do some other business and, therefore, their shops should be
unsealed allowing them to do other business other than the
business of Masala Udhyog. In light of this undertaking given by
the petitioners vide Annexure P/4, the Pollution Control Board in
its counter affidavit in paragraph 10 has stated as follows :-
"10. That the petitioners in their
supplementary affidavit have categorically taken a
stand that they are not going to operate griding
unit/masala mill and rather use the sealed premises for
operating a shop/kirana shop. In light of above, it is
stated that in case the petitioners wish to operate
standalone shop with no grinding activity then the
State Board has no objection and the petitioners may
be permitted to do the same."
4. Learned counsel for the petitioner once again
submitted before this Court that they stand by the undertaking
given to the Pollution Control Board that they will not do the
Patna High Court CWJC No.3868 of 2025 dt.05-08-2025
business of Masala Udhyog any more and, therefore, their shops to
be directed to be unsealed.
5. From the aforesaid statement made by Bihar State
Pollution Control Board, it is clear that the Bihar State Pollution
Control Board has no objection to the proposal and undertaking of
the petitioners and hence both the parties pray that the present writ
application be accordingly disposed of.
6. Considering the submissions and undertaking of the
petitioners as expressed in Annexure P/4 and also the statement of
the Pollution Control Board made in paragraph 10 of its counter
affidavit as quoted hereinabove, the present writ application is
disposed of directing the Pollution Control Board and respondent
No.4 and 5 to unseal the shops of the petitioners for allowing them
to do any other business lawfully other than the business of
granding of Masala / Masala Udhyog. After the shops have been
unsealed and handed over to the petitioners, if the Pollution
Control Board finds that the petitioners are violating the
undertaking given by them, they will be well within their power to
take appropriate action under the law for once again closing the
operation of the shops in question.
7. The shops, in question, must be unsealed and handed
over to the petitioners within 15 days of passing of this order.
Patna High Court CWJC No.3868 of 2025 dt.05-08-2025
8. With the aforesaid observation and direction, this writ
application is disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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