Madhya Pradesh High Court
M/S Shiva Traders Through Prop ... vs The State Of Madhya Pradesh on 6 October, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
HIGH COURT OF MADHYA PRADESH BENCH AT
GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
WRIT PETITION NO.16408/2025
M/S AMARNATH TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16401/2025
M/S VAISHNAVI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16405/2025
M/S KHUSHI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
2 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
WRIT PETITION NO.16406/2025
M/S SHIVA TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16496/2025
M/S MAA KAILADEVI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16497/2025
M/S KRISHNA AND SONS TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16505/2025
M/S DEEPAK TRADERS
VS.
3 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025,
16497/2025, 16505/2025, 16506/2025, 16508/2025
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16506/2025
M/S NANDANI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
&
WRIT PETITION NO.16508/2025
M/S MAA BHAGWATI TRADERS
VS.
STATE OF MADHYA PRADESH AND OTHERS
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Appearances:-
Shri Sunil Kumar Jain and Shri Akshat Kumar Jain -
Advocates for the petitioner.
Shri Vivek Khedkar - Additional Advocate General with Shri
Sohit Mishra - Government Advocate for the respondents/ State.
Shri Harish Dixit - learned Senior Advocate with Shri Nimesh
Hardeniya - Advocate for respondent No.5.
Shri Vineet Saxena - Advocate for respondent No.6.
-----------------------------------------------------------------------------------
ORDER
4 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 Delivered on 6th Day of October, 2025
1. Regard being had to similitude of the controversy, all the petitions were heard analogously and are decided by a common order. For convenience's sake, facts of W.P. No.16408/2025 are taken into consideration.
2. All the petitions are preferred by the petitioners under Article 226 of the Constitution of India being aggrieved by the order dated 24/04/2025 seeking following reliefs:-
"1. Allow the Writ Petition filed under Article 226 of the Constitution of India;
2. Issue a writ in the nature of Mandamus quashing order vide annexure P-1 dated 24-04- 2025;
3. Issue any other writ, order or direction as this Hon'ble Court deems fit.
4. Allow the cost of the petition."
3. Precisely stated facts of the case are that present petitioner is running a Micro Industry (ककटटीर उददद्योग) under the scheme of M.P. 5 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 Self Employment for processing agricultural product (Groundnut Decorticating) at agriculture field at remote area nearby village Bhonti on Mahoba Road, Shivpuri.
4. As submitted, petitioner took all necessary permissions from Village Panchayat, State Pollution Control Board after diversification of the land other than agriculture and established Micro Industry, as referred above. According to counsel for the petitioner, it has installed necessary Filters, Water Sprinkler System and Shed to control dust.
5. Under the direction of Central Pollution Control Board under Section Section 18(1)(B) of the Water (Prevention and Control of Pollution) Act, 1974, the State of Madhya Pradesh/ respondent issued certain guidelines and on the basis of Enviornment Pollution Index (EPI), a notification was issued and Industries have been marked as 'Red', 'Green' and 'White' etc. Groundnut decorticating industry is kept in the category of 'White Industries', where level of pollution remains very less or negligible and by putting some precautions, no 6 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 impact of pollution arouses.
6. As submitted, one Upendra Bhargava / respondent no.6 against whom, several criminal cases are registered at various police stations and in one of the case, he has been sentenced to suffer 05 years' incarceration for the offence under Section 409 IPC vide judgment dated 13/02/2023 passed by Additional Session Judge, Pichore, District-Shivpuri, tried to extort money illegally from the petitioner and other industrialists.
7. Petitioner filed a writ petition before this Court in the style of Public Interest Litigation vide W.P. No.37874/2024, which was disposed of vide order dated 09/12/2024 with a direction to look into the matter. In pursuance thereof, a case was registered against respondent no.6 under Section 152 of BNSS and a notice was issued seeking reply and for recording statements. It is further submitted that without considering reply, statements and documents, order dated 24/04/2025 is being passed by respondent no.3/ SDM, Pichore which is under challenge.
7 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025
8. It is the submission of learned counsel for the petitioner that order was passed in violation of principles of natural justice. Reply and prayer of the petitioner has been ignored by the SDM, Pichore for the reason best known to him. Moreover, right of livelihood which is enshrined under Article 21 of the Constitution of India is also violated. It is further submitted that without seeking report from the State Pollution Control Board as well as Agriculture Department, which has inspected the premises, the impugned order has been passed. Provisions as contained under Section 152 of BNSS has not been followed.
9. Learned counsel for the respondents/ State opposed the prayer. According to him, it is true that petitioner/ Industry is a Micro Industry but it has to comply with the provisions of law. Since petitioner/ industry caused pollution, therefore, action has been taken against the it.
10. Learned counsel for respondent No.5/ M.P. Pollution Control Board opposed the prayer and submits that when notice was issued to 8 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 the petitioner/industry by M.P. Pollution Control Board then petitioner/ industry informed that Air Beg Filter is going to be installed within one month. Plant was covered with GI Sheet.
11. Petitioner/ industry was again inspected on 02/02/2025 but filter was not installed. He undertook to install necessary filters/ devices within 15 days, but no installation took place, therefore, impugned order has been passed.
12. Heard the learned counsel for the parties and perused the record.
13. In the case in hand, petitioner has challenged the order dated 24/04/2025 passed by SDM, Pichore purportedly under Section 152 of BNSS.
14. Section 152 of BNSS falls under Chapter XI part B-Public Nuisance. Section 152 contemplates conditional order for removal of nuisance. For ready reference, Section 152 of BNSS is reproduced as under:-
"(1) Whenever a District Magistrate or a Sub-
9 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers--
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion 10 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or 11 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order (i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or
(iii) to regulate the keeping thereof in such manner as may be directed; or to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous 12 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation.--A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes."
15. Perusal of Section 152 of BNSS indicates that Registrar may pass conditional order requiring the person causing such obstructions or nuisance or to desist from carrying such occupation etc. However, Section 153 is succeeded by Section 154. As per Section 154, a person against whom, such order is made, shall perform, within the 13 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 time in the manner specified in the order, the act as directed thereby. However, no such direction has been given by the SDM, Pichore in the present case to perform such functions, therefore, the SDM did not comply provisions of Section 154 of BNSS. When the very order is tainted with procedural infirmity then in that condition, this Court intends to entertain this petition and partly allow the same in the following manner:-
1. Fifteen days' time is granted to the petitioner in a manner that it shall install all necessary equipments so as to avoid any pollution/ nuisance/ dust to the public at large in the vicinity and after installation within fifteen days, the Pollution Control Board shall inspect the premises and give its report. If it is found that petitioner has duly complied with the direction of the M.P. Pollution Control Board then petitioner shall be at liberty to start the Industry/ Unit again.
2. In case, petitioner does not comply the order, and do not install the filters/ necessary equipments as directed to be installed by
14 W.P. No.16408/2025, 16401/2025, 16405/2025, 16406/2025, 16496/2025, 16497/2025, 16505/2025, 16506/2025, 16508/2025 the M.P. Pollution Control Board, then petitioner would not avail the benefit of this order.
3. The M.P. Pollution Control Board and SDM Pichore shall conclude the proceedings within four weeks in any manner as a outer-limit, if petitioner install all necessary equipments as required by the law.
With the aforesaid, the writ petition stands disposed of.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
CHATURVE
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e6 7d11d7f91045d81139f6792fbd4ae91f, postalCode=474001, st=Madhya Pradesh, serialNumber=652FE82BC5CAE8153A1E34C3 DI B8EFC095F5A0D144B089415F31342D1C8E2 D3139, cn=VARSHA CHATURVEDI Date: 2025.10.06 18:20:10 +05'30'