IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.477 of 2011 =================================================== Sateyendra Singh, s/o late Sitaram Singh, resident of village:-Neema, P.S. Bodh Gaya, Dist-Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary Department of Mines and Geology Govt. of Bihar, Patna 3. District Magistrate, Gaya 4. The Assistant Mining Officer, Gaya 5. The Bihar State Pollution Control Board through its Secretary Bihar State Pollution Control Board, Beltron Bhawan Shastri Nagar, Patna .... .... Respondents =================================================== 7 13-10-2011 The present writ petition has been filed by way of Public Interest Litigation alleging pollution in the environment in pursuance to operation of illegal moving Brick kilns/Chimneys within the area of Bodhgaya Police Station of Gaya District. A counter affidavit has been filed by respondent no.4 stating therein at paragraph 8 that on receipt of the complaint, the Member Secretary of Bihar State Pollution Board vide letter No. 989 and No.998 both dated 02.02.2011 served a notice upon the M/s S.K.S. Briks and M/s Ruchi Itta Bhatha of village Neema P.S. Bodh Gaya informing them that their consent letters with regard to establishment has already been rejected and further directed them to stop their works vide order annexed as Annexure 2 Nos. C and D to the counter affidavit. It is also stated in paragraph 9 of the counter affidavit that the deponent has also issued a Memo No.400 and 400-A both dated 20.05.2011 to owners of two Brick Kilns asking them to stop the brick production. It is further stated in pursuance to the said memo all the Brick Mills are closed and they have stopped their production. The said statements have been disputed by learned counsel for the petitioner. As running of Brick Kilns is purely a disputed question of facts, we are of the opinion that this Court cannot go into such disputed question of facts in exercise of power under Article 226 of the Constitution of India. Accordingly, this writ petition stands dismissed. ASHWINI/- (T. Meena Kumari, J) (Vikash Jain, J)