Patna High Court - Orders
Bihar Fly Ash Brick Industries ... vs The Union Of India on 14 May, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6021 of 2026
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Bihar Fly Ash Brick Industries Association
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dr. Raushan, Adv.
Mr. Sahil Kumar, Adv.
For the Respondent/s : Mr. Additional Solicitor General, APP.
For UOI : Mr. Jawed Gaffar Khan, Adv.
For the NTPC : Mr. Amaresh Kumar Sinha, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 14-05-2026Heard the parties.
2. That the present writ application has been filed with a prayer for grant of the following reliefs:
(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing and setting aside the arbitrary, illegal and non-transparent action of the respondents including NTPC Nabinagar and NTPC Barh, in conducting auction and disposal of fly ash in violation of the Revised Guidelines issued by the Ministry of Power dated 30/01/2026, without compliance of the mandatory statutory procedure as prescribed in Para 1.B. of the aforesaid Guidelines dated 30/01/2026;
(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus Patna High Court CWJC No.6021 of 2026(2) dt.14-05-2026 2/3 commanding the concerned respondent authorities to strictly implement and give full effect to the Revised Guidelines dated 30/01/2026, particularly Para 1.B. by Constituting a Plant Level Committee under theChairmanship of the Head of Plant (HoP) and ensuring inclusion of representatives from association and local users for determining percentage/quantum of fly ash to be reserved for MSEs and Local Users by Fixing concessional rates for such reserved quantity in accordance with the policy framework;
(iii) Issuance of a declaration holding that any auction or disposal of fly ash undertaken without prior determination of reserved quantity for MSEs and Local Users and without constitution of the Plant Level Committee is ultra vires the Ministry of Power Guidelines dated 30/01/2026 and is also contrary to the MoEF&CC Notification dated 31/12/2021 and its subsequent amendments;
(iv) Issuance of an ad interim direction restraining the respondent authorities from continuing or giving effect to any ongoing or proposed auction process for disposal of fly ash, until full compliance of the mandatory procedure under the aforesaid Guidelines dated 30/01/2026 is given effect to;
Patna High Court CWJC No.6021 of 2026(2) dt.14-05-2026 3/3
(i) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.
3. Since the Union of India and the N.T.P.C., Barh (respondent no. 6) and N.T.P.C. Aurangabad (respondent no. 7) are present, let them file affidavit in the matter which must come within four weeks after vacation after service of copy to the petitioner who shall be filing reply in next two weeks.
4. List this case on 30.07.2026.
(Rajiv Roy, J) Vijay Singh/Sanny Patel U