IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6502 of 2011 Lalan Prasad Yadav son of Yogendra Prasad, resident of village- Sabalpur Eastern Panchayat, P.S. Sonpur, District Saran ………Petitioner Versus 1.The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Chief Secretary, Government of Bihar, Patna. 3. The Principal Secretary, Mines and Mineral Department, Government of Bihar, Patna. 4. The Director, Mines and Mineral Department, Government of Bihar, Patna 5. The District Magistrate, Chapra 6. The District Mining Officer, Chapra 7. Bihar State Pollution Control Board through its Secretary, Beltron Bhawan, Shastri Bhawan, Patna 8. The Secretary, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Bhawan, Patna …….Respondents For the Petitioner : Mr. Mahendra Prasad Gupta, Advocate For the State : Mr. Shivendra Kishore, Advocate 2 11.4.2011 The instant writ petition by way of public interest litigation has been filed seeking a direction to the concerned authorities to restrain the brick manufacturers in the district of Saran who are unauthorized manufacturing brick in contravention of the Bihar Bricks Control Order 1983, causing air pollution in the area and health hazards to the people of the district. - 2 - It appears from Annexure-5 that a similar grievance was raised against the brick kilns in the district of Jehanabad. A Division Bench of this court by order dated 3.12.2009 passed in C.W.J.C. No. 16810 of 2009, observed that the Bihar State Pollution Control Board would control such menace by taking effective steps within a period of two months from the date of that order. It was further observed that the District Magistrate, Jehanabad, will give due assistance to the Bihar State Pollution Control Board. Counsel for the respondents submits that a representation has been filed before the Bihar State Pollution Control Board on 16.2.2011, and without providing them reasonable opportunity, the petitioner has hurriedly filed the instant writ petition. We are of the view that the brick kilns in the State have to operate as per the guidelines of the Bihar State Pollution Control Board and Air Prevention and Control of Pollution (Act), 1981. In case the petitioner raises the grievance in respect of its violation before the Bihar State Pollution Control Board, the authorities concerned would look into such grievance in accordance with law and would - 3 - KHAN dispose of the same within four months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.K. Katriar,J) (S.P. Singh,J)