Page No.# 1/5 GAHC010019072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/510/2026 SRI DIPAK MEDHI SON OF LATE ABHAJ MEDHI RESIDENT OF MAHANA KACHARI GAON, JAGROAD DISTRICT - MORIGAON, ASSAM, PIN - 782140. VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT B, DISPUR, GUWAHATI - 781006, ASSAM. 2:CO DISTRICT COMMISSIONER JAGIROAD MORIGAON ASSAM PIN - 782410 3:THE DISTRICT COMMISSIONER MORIGAON ASSAM PIN 782105 Advocate for the Petitioner : MR B DEORI, MR. S KATAKI,MR G BHARADWAJ Advocate for the Respondent : GA, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.02.2026 Heard Mr. S Kakoti, learned counsel for the petitioner and Mr. N Das, learned State Counsel, Assam for all the respondents. 2. The petitioner had set up a brick kiln under the name and style of M/s GBI Brick Kiln on a plot of land measuring 5 Bigha 2 Katha 0 Lecha covered by Dag No.292 in PP No.4 and 10 Bigha 4 Katha 16 Lecha covered by Dag No.288 in PP No.124 totalling to 16 Bighas 1 Katha 16 lechas at Belguir Kissm under Manaha Mouza in the district of Morigaon. The petitioner’s Brick Kiln has been in operation since the year 2010. The petitioner had obtained necessary documents from the Revenue Authorities for conversion of land from agriculture to non-agriculture land as well as the consent to establish industry from the Pollution Control Board, Assam. However, on the ground that the consolidated consent and authorization from the Assam Pollution Control Board has not been obtained, the Co-District Commissioner, Jagiroad, Morigaon by order dated 09.01.2026 issued an order under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the Brick Kiln of the petitioner was immediately prohibited from carrying on any form of production or operation or Page No.# 3/5 allied activity with effect from that order and the prohibition has to remain in force until all requisite statutory documents, permission, clearances including but not limited to permission under the Assam Agricultural Land (Regulation and Reclassification and Transfer of Non-Agricultural purpose) Act, 2015 and valid consent to operate from the Pollution Control Board, Assam under the Air (Prevention and Control of Pollution) Act, 1981 are obtained. Since the said order passed, the functioning of the Brick Kiln of the petitioner has been stopped and no production has been taken place. Learned counsel for the petitioner submits that the next date fixed in terms of the order was 13.01.2026. However, in spite of the petitioner being present, no effective orders have been passed prohibiting the order issued on 09.01.2026. Meanwhile, the petitioner has also obtained consolidated consent and authorization from the Pollution Control Board, Assam on 20.01.2026. 3. Under such circumstances, the petitioner is before this Court praying for a order for interference of the impugned order dated 09.01.2026 passed by the Co-District Commissioner, Jagiroad, Morigaon. 4. Mr. N Das, learned State Counsel, Assam, for the respondents submits that the petitioner ought to have approached the concerned Co-District Commissioner for vacation or modification of the order, if required. Page No.# 4/5 5. Having heard the learned counsel for the parties and upon careful perusal of the writ petition and the enclosures, it appears to the Court that prima facie the petitioner has been issued all the necessary documents and permission required to set up an Industry. It is also seen that the petitioner’s industry has been in existence since 2010 and prohibition order was issued on 09.01.2026 and it is the grievance of the petitioner that subsequent thereto the matter has not been taken up by the concerned Co-District Commissioner, Jagiroad and no effective order has been passed withdrawing or recalling the prohibition order. It is also noticed by the Court that under Section 152 BNSS proceedings are ordinarily to drawn in respect of any activity which is found to be injurious to health. 6. Under such circumstances, this Court is of the view that ends of the justice will be met by disposing of the writ petition at this stage without issuing any notice and directing the Co-District Commissioner, Jagiroad to pass necessary orders permitting the petitioner to bring on record all necessary documents and permission. And upon due examination of the same, if it is seen that the petitioner has all the relevant documents and clearances by all the concerned authorities, then the prohibition order issued on 09.01.2026 shall be recalled or withdrawn and the petitioner be permitted to carry on his Industry without further delay. This entire exercise shall be carried out by the Co-District Page No.# 5/5 Commissioner, Jagiroad and effective orders be passed by 19.02.2026. It is needless to say that the copies thereof shall be served on the writ petitioner. The petitioner will appear before the Co-District Commissioner, Jagiroad on 09.02.2026 and thereafter, the Co-District Commissioner, Jagiroad, if required, shall fix another date giving opportunity to the petitioner to produce all necessary documents and thereupon, after hearing all the parties shall pass the order as directed. 7. The writ petition stands disposed of in terms of the above without issuing any notice at this stage. JUDGE Comparing Assistant