Amit Kumar Ray v. The State Of Bihar

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 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 2/3 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 3/3 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