1 2026:CGHC:22650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1196 of 2026 1 - Rajulal Prajapati S/o Shri Heeralal Prajapati Aged About 49 Years Caste Kumhar R/o Village Kauhi, Tahsil Patan, District-Durg (Cg) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur (Cg) 2 - The Collector Durg,district Durg (Cg) 3 - Mineral Inspector/assistant Mineral Officer Durg, District-Durg (Cg) 4 - The Sub Divisional Officer(Rev) Durg, District Durg (Cg) 5 - Tahsildar Tahsil Patan District Durg (Cg) 6 - Naib Tahsildar Tahsil Patan, District Durg (Cg) 7 - Hemlal Sonkar S/o Krishna Kumar Sonkar Elected Up-Srpanch At Village Kauhi, Tahsil Patan, District Durg (Cg) 8 - Mohanlal Dewangan Posted As Head Master At Govt. Middle School Kauhi, Tahsil Patan, District- Durg (Cg) --- Respondent(s) WPC No. 1510 of 2026 1 - Rajkumar Prajapati S/o Shri Raghunath Prajapati Aged About 36 Years Caste Kumhar, R/o.- Village- Kauhi, Tahsil Patan, District Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through.- The Secretary, Department Of Revenue, Mahanadi Bhawan Atal Nagar, New Mantralaya Naya Raipur (C.G.) 2 - The Collector, Durg District Durg (C.G.) AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.20 15:03:04 +0530 2 3 - Mineral Inspector/assistant Mineral Officer Durg District Durg (C.G.) 4 - The Sub Divisional Officer (Rev) Durg District- Durg (C.G.) 5 - Tahsildar Tahsil Patan, District- Durg (C.G.) 6 - Naib Tahsildar Tahsil Patan District- Durg (C.G.) 7 - Hemlal Sonkar S/o.- Krishna Kumar Sonkar, Elected Up-Sarpanch At Village Kauhi, Tahsil Patan, District- Durg (C.G.) 8 - Mohanlal Dewangan Posted As Head Master At Govt. Middle School Kauhi, Tahsil Patan, District- Durg (C.G.) --- Respondent(s) WPC No. 1065 of 2026 1 - Kumod S/o Shri Heeralal Prajapati Aged About 46 Years Caste Kumhar, R/o Village Kauhi, Tahsil Patan, District Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan Atal Nagar, New Mantralaya Naya Raipur (C.G.) 2 - The Collector Durg, District Durg (C.G.) 3 - Mineral Inspector/ Assistant Mineral Officer Durg, District Durg (C.G.) 4 - The Sub Divisional Officer (Rev) Durg, District Durg (C.G.) 5 - Tahsildar Tahsil Patan District Durg (C.G.) 6 - Naib Tahsildar Tahsil Patan District Durg (C.G.) 7 - Hemlal Sonkar S/o Krishna Kumar Sonkar Elected Up-Sarpanch At Village Kauhi, Tahsil Patan, District Durg (C.G.) 8 - Mohanlal Dewangan Posted As Head Master At Govt. Middle School Kauhi, Tahsil Patan, District Durg (C.G.) --- Respondent(s) For Petitioner(s) : Shri Nasimuddin Ansari, Shri Ajay Kumar Sahu and Shri Riyazuddin Sheikh, Advocates. For State/Res : Shri Shobhit Mishra, Dy GA and Dr Arham Siddiqui, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 3 13/05/2026 1. Since the issue involved in these petitions is one and the same, they have been clubbed together and are being disposed of by this common order. 2. The petitioner by way of these petitions is challenging the impugned stay order dated 26.02.2026 by which, Respondent No.6 has directed the petitioner to stop his traditional work of making bricks as the smog emerging from brick kiln is causing trouble to teachers and students in a nearby school. The petitioner has also been directed to present his reply to the office of Respondent No.6 in this regard. 3. For the purposes of disposal, facts pleaded in WPC No.1196 of 2026 are being referred to. The petitioner is the registered owner of land bearing Khasra No. 225, admeasuring 0.17 hectare, Khasra No.4/1, area 0.13 hectare in WPC No.1065 of 2026, Khasra No.2272/1, 226 and area 0.16, 0.11 hectare in WPC No.1510 of 2026, situated at village Kauhi, Tahsil Patan, District Durg (Chhattisgarh). The land is located approximately 100–150 meters from the main road and a school. The petitioner belongs to the Kumhar (potter) caste and has been carrying on his traditional occupation of brick-making on the said land for a long time for the livelihood and survival of his family. As per Rule 3(2) of the Chhattisgarh God Khaneej Rules 1961 and government memos dated 06.01.1982 and 09.01.1984, persons belonging to the Kumhar caste are exempted from obtaining any license or permit for carrying out traditional brick- making activities. Further, the Additional Secretary of the Mineral Department, Government of Chhattisgarh, issued a circular dated 10.07.2001 granting exemption to persons of the Kumhar caste from payment of royalty and related charges for carrying out their traditional professional work. It is also stated that 4 the Under Secretary, Revenue Department, Government of Chhattisgarh, issued a communication to all Collectors regarding reservation/allotment of land (up to 5 acres) for members of the Kumhar community for their traditional occupation. It is stated that the Mineral Officer, Mahasamund District, issued a direction dated 22.08.2016 (Annexure P-7) providing that brick-making activities should not be carried out within 50 meters of public places. The said communication also granted exemption up to 10 lakhs towards royalty for members of the ₹ Kumhar caste engaged in their traditional professional work throughout the State of Chhattisgarh. Despite the above exemptions and protections, Respondent No. 6 passed the impugned stay order dated 26.02.2026 (Annexure P-1), directing stoppage of the petitioner’s brick-making activity over his registered land situated at Village Kauhi, Tahsil Patan, District Durg. Hence these petitions. 4. Learned counsel for the petitioners contends that the impugned order dated 26.02.2026 is wholly illegal and unsustainable in law. It is submitted that the said order has been passed without jurisdiction and without considering the material available on record. It is further contended that no notice was issued to the petitioner and no opportunity of hearing was afforded before passing the impugned order, thereby violating the principles of natural justice. Learned counsel submits that there has been no proper demarcation of the land in question and that the mandatory provisions of Rule 3(1) of the Chhattisgarh God Khaneej Rules, 2015 have not been complied with. It is lastly contended that the impugned action is arbitrary and violative of Articles 14 and 21 of the Constitution of India. 5 5. Learned State counsel submits that the present petition is wholly misconceived, devoid of merits and liable to be dismissed in limine. The petitioner is admittedly engaged in the business of manufacturing and selling bricks by operating a brick kiln over land bearing Khasra No. 225 (0.17 hectare), situated at village Kauhi Tehsil Patan, District Durg (C.G.), without obtaining any requisite permission or license from the competent authority as mandated under law. It is further submitted that the petitioner’s land adjoins Government land bearing Khasra No. 224, upon which Government Primary School, Kauhi is situated. Upon due inspection and on the basis of the Patwari report dated 10.02.2026, it has been found that the petitioner has encroached upon a portion of Government land bearing Khasra No. 224 and is carrying out brick manufacturing activities thereon. Acting upon the Patwari report dated 10.02.2026, the Naib Tehsildar duly registered a case in his Court and initiated proceedings in accordance with law. The said revenue proceedings are presently pending adjudication. It is submitted that respondent No. 4 received a communication dated 28.02.2026 from the Block Medical Officer, Community Health Centre, Patan, District Durg, informing that the students of Government Primary School, Kauhi are adversely affected due to the operation of brick kilns in close proximity to the school premises. Upon medical examination of the students, it was found that students have difficulty in breathing, burning sensation, allergy, swelling on nose. It is further submitted that a group of parents of students studying in Government Primary School, Kauhi submitted a representation dated 02.03.2026 to respondent No. 4, raising serious concerns regarding pollution caused by the brick kiln situated within 50 meters of the school premises. The parents categorically stated that the health of their children is deteriorating and further 6 expressed that in the event no action is taken, they would be constrained to lock the school gates. The District Education Officer, Durg, also addressed a letter dated 27.02.2026 to respondent No. 3, with copies to respondent Nos. 2 and 4, highlighting the adverse impact of the brick kiln’s operation on the health and well-being of the students and requesting immediate action for closure of the kiln operating near the school premises. Upon taking cognizance of the complaints received from the District Education Officer, parents, and the Block Medical Officer, respondent No. 4 directed respondent No. 6 vide letter dated 06.03.2026 to conduct an enquiry. In compliance thereof, respondent No. 6 conducted a spot inspection and submitted a report dated 09.03.2026 to respondent No. 4. It is respectfully submitted that the material on record clearly demonstrates that the petitioner is operating the brick kiln, without obtaining requisite permission or license from the competent authority and by encroaching upon Government land bearing Khasra No. 224; and within a distance of 50 meters from the school premises, in contravention of Rule 3 of the Chhattisgarh Minor Mineral Rules, 2015, which prohibits such activity in proximity to public institutions. The action initiated by the authorities is lawful, justified and in furtherance of public interest, particularly keeping in view the health and safety of minor school-going children. The State authorities have acted strictly in accordance with law and only after due consideration of complaints, medical reports, and spot inspection. In view of the aforesaid facts and circumstances, it is most respectfully submitted that the grounds urged by the petitioner are vague, baseless and untenable in law. The petition is devoid of substance and does not warrant interference by this Hon’ble Court. 7 6. Heard learned counsel for the parties and perused the material available with the petition. 7. Rule 3 of the Chhattisgarh Minor Mineral Rules, 2015 (hereinafter “the Rules, 2015”), attracts in this case, according to which there is prohibition in operation of brick kilns within 50 meters of public place. 8. For the sake of convenience, Rule 3 of the Rules, 2015 is as follows:- 3. Exemptions. - Notwithstanding anything contained in these rules,- (i) Extraction of ordinary clay or ordinary sand by hereditary Kumhars, being domicile of Chhattisgarh or their co-operative societies for preparing pots, tiles and bricks by traditional means, but not by process of manufacture in chimney-kilns or by any mechanical means, from the area of village of their common residence that may be decided and earmarked by the Gram Panchayats within their respective panchayat area for extraction of ordinary clay and ordinary sand : Provided that no extraction shall be made from any pubic place and within 50 meters in all directions from such public place; 9. From the perusal of record, it appears that petitioners are carrying on their traditional business of making bricks in the brick kilns in the government land allegedly encroached by them. The petitioner namely Rajulal has accepted this fact that he is operating a brick kiln on the government land which is evident from the order sheet dated 02.03.2026 passed by the Naib Tehsildar, Patan, District Durg, C.G. Though in this petition before this Court, the petitioner is disputing the said fact, however, even if the said land on which the petitioner is operating brick kiln is his own land then also, the same is illegal and contrary to 8 Rule 3 of Rules, 2015, as the same is being operated in a close proximity to a Government School. 10. On medical examination of the students, the Medical officer found that the the students are having difficulty in breathing, burning sensation, allergy, swelling on nose. As such, the authorities on the basis of complaint made by Halka Patwari, spot inspection done by Patwari and on the basis of medical inspection of the children by Medical Officer concerned acted in the matter and stopped the petitioner from operating his brick kiln. The said of respondent authorities cannot be said to be a premeditated one. As only for the commercial interest of the petitioner, the health of the school going children cannot be sacrificed keeping in view the larger interest of general public. 11. Time and again, the Chhattisgarh Environment Conservation Board as well as the State Government have issued circulars and guidelines emphasizing that activities hazardous to public health and safety cannot be permitted to operate in areas affecting the general public, particularly near educational institutions and residential zones. In view of such consistent policy measures and regulatory framework, the action taken by the respondent authorities cannot be said to be arbitrary, unreasonable, or dehors the provisions of law. 12. Thus, keeping in view the larger interest of the general public especially the minor school going children and upon analyzing the matter in hand from every angle, this Court is not in a position to hold that the authorities have committed any error while passing the impugned order. The brick kiln as operated by the petitioner has been claimed to be besides a government school and if the brick 9 kiln remains functional then the school children will be exposed to the hazardous smog emanating from the said kiln. 13. On the basis of the above discussion and bearing the mind the Rules, 2015, this Court is of the view that the authorities have rightly intervened in the matter and stopped the petitioner from operating brick kiln. Such an act of respondent authorities acting in the interest of general public is always appreciable. 14. However, this Court is also faced with the question of livelihood of the petitioner, therefore, it is directed that if the petitioner files appropriate application for grant of lease for running brick kiln then the competent authorities shall consider the same and allot the land at appropriate site strictly on its own merits in accordance with prevalent rules and acts. 15. With the aforesaid observation and direction, this Writ Petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash